Manuscript 3251: Van Diemen's Land 1821-1862

ms 3251 1837-1851 box 2 vol 5

Posted on October 26, 2009 | 1 comment

Echoes of Bushranging Days in Van Diemen’s Land: Brady, McCabe, Perry, Geffreys and Britton
1837 – 1851 box 2 vol 5
National Library of Australia Manuscript collection MS3251

TRANSCRIPT FOLLOWING:

ms 3251 1837-51 cover

mary_briggs_p40_200_1837-51

MS 3251 1837-1851 box 2 vol 5 pp41-56

Police Office Hobart?

28^th January 1837

Memorandum

The Chief Police Magistrate has? To direct the attention of MC Friend Esq of George Town to the Circular from this Office under date the 16^th instant forwarding copy f the Attorney General’s letter suggesting that Magistrates should mark on the margin of the conviction the statute and section .

MC Friend Esq JP

George Town

Under which such convictions were placed, as by the weekly returns of Magisterial Duties last received no attention appears to have been paid to the direction therein contained.

As there is no natural? Colum in the printed form of return of Magisterial Duties nor in use – this information can be inserted immediately under the sentence.

Le PMe

28^th Jany 1837

Calling Mr Friend’s attention to the circular of the 6^th instant abt nothing upon the margin of the conviction the statute and act under which the conviction took place.

Police Office Hobart

27^th May [1836]

My Dear Sir

From information which I have received I think it is probable that Hunt The Bushranger will make for George Town for the purpose of endeavouring to effect an escape to Port Phillip – I send you a description of this man and trust that most risslant?? Measures will be adopted by you.

MC Friend Esq

To prevent his carrying his intentions out.

Believe me my dear sir

Yours very truly

W Touter? (signed)

Le PMe 27^th May ‘36

Abt Hunt the Bushranger to keep a good look out for him in the Port Phillip vessels.

Fn re: CAPTURE OF HUNT the BUSHRANGER caught 18 June 1836 [i]

P6 fn SNAKES [ii]

The Chief Police Magistrate sends his compliments to the Resident Magistrate at George Town and requests the favor of his instructing his constables to kill and collect all the snakes they can in their rambles on duty and forward the same to the Chief Police Magistrate for the purpose of a Public Collection.

Police Office Hobart

28^th March 1837

MC Friend Esq JP

Resident Magistrate

George Town

Memo CPM

Hbt giving orders to the constables to collect snakes in their rambles

Memo

Will the Resident Magistrate at George Town have the goodness to take the recognizance referred to in Mr Champ’s letter

John? returned?

26^th Jany 37

Launceston

P9 [1837 in grey pencil]

The District Police Magistrate presents his compliments to Mr Friend and begs to observe that the wither? Form is not required at this office – but should have been forwarded as Returns of the Same Kind have been sent to me.?? The quarterly returns are? The one alone required by the CPM.

JW Forster takes the liberty of observing that it appears that five less? Fines have been remitted without competent authority – a Magistrate cannot remit a fine.

MC Friend Esq JP

P10

Or any portion thereof – and fines for drunkenness should be enforced as much as possible – and all process should be pass? ?? before signed.

Wit

Police Office Hobart

17^th January 1837

p11

My dear Sir

[left margin:

Joseph Barker

965

Lord Hungerford

John Jackson

Same ship]

The two men named in the margin /emancipists/ have obtained the permission of the Government to proceed to Port Phillip Captain Swanston in whose service they are has entered into the necessary bond there, but I omitted to take their own recognizance, will you oblige me by making them enter into a bond of £100 each for their appearance here in twelve months from this date.

Believe me Yours

M? Champ

C.Clarke Esq

P12

Jany 6^th 1837

The District Police magistrate

Hobart

Calling upon Mr Friend to take the recognizance of Joseph Barker and John Jackson.

P13

17^th January 1837

C PM

CPM

Magistrates cannot remit fines

P14

Dear Sir

Finding it quite impossible to perform efficiently the duties of a Magistrate in this remote neighbourhood without a Police Constable, I wish to request you, as acting Police Magistrate of this district, to cause a Police constable immediately to be stationed at my residence.

I remain

Yours &c & c

HG Wilmore

MC Friend Esq

Acting Police Magistrate

George Town

P15

I beg to bring this letter under the notice of the Chief Police Magistrate from the accumulated duty of the Police at this station/ from the increased trade to Port Phillip & searching vessels/ we cannot comply with Mr Wilmore’s request though I consider it highly desirable he should have such assistance

Mat Curling Friend

Geo Town

Apr 11 1837

Sent to Mr Wilmore for his information – to be returned to this office – MCF

George Town

May 14 1837

P16

Will Mr Friend be so good as to inform me whether Mr Wilmore resides on the East or West bank of the Tamar – if on the latter he is in Mr Clark’s district.

MT?

18^th April ‘37

MC Friend Esq JP

Ger Town

Mr Wilmore resides on the west bank of the Tamar

Mat Curling Friend

April 23 1837

12 April

Le PM

As soon as the Morven Police is down sized? More protection will be afforded to the west bank of the Tamar.

P17 [back of p16]

Referred for the opinion of the Police Magistrate Launceston

MT?

25^th April 1837

The Police Magistrate

Launceston

Two constables are stationed at the Supply Mill whose orders are to visit every house & hut between Mr Wilmore’s & B.Surridge’s on the West Bank of the Tamar at least once in every week. I request that the means at my disposal will not allow me to comply soley? With Mr Wilmore’s wishes

9^th Mary 1837

Mr Wilmore’s being within 7 miles of George Town it would in my opinion be desirable to render it as belonging to the George Town District.

J.C.

So soon as the intended Police District of Morven is averaged? Mr Clark’s Police force will be increased – and then further protection will be requested to the Western Bank of the Tamar.

W.Fowler?

12^th May 1837

MC Friend Esq JP

“” “”

George Town

P18

Memorandum

With reference to the sentence passed on W ? Commaney ? Free by M C Friend and W? Arthur Esq ?? The Chief Police Magistrate has been directed to observe that the Sentence in question is illegal – as the act and section noted? In the Return.

MC Friend Esq JP

George Town

P19 [back on p18]

Of Magesterial Duties in which this case is reported pres? No such power is / appears to have been exercised by the Magistrates.

MT?

Police Office, Hobart

2^nd May 1837

p20

May 9^th 1837

CPM

Calling Mr Friend’s attention to the sentence passed on H Ominany ? for an assault

P21

Police Office, Hobart

19^th May 1837

My Dear sir,

The Lieutenant Governor has called for the Report of the trce? Of the man which was transmitted to you on the 2d instant I should therefore feel obliged if you would let me know your observations thereon as soon as possible – Believe me My dear sir

Yours very truly

M. Toutez?

MC Friend Esq JP

P22

19^th May 1837

CPM

Calling for Mr Friend’s observations in the case of Woodhouse working in the Hospital.

P23

Police Office, Hobart

27^th May 1837

Sir,

Having submitted your observations upon Mr Houghton’s communication under date 1^st inst. Respecting his assigned servant Francis Woodhouse [7^th May 37 – in left margin] I have been directed to acquaint you that the employment of this man in the Hospital Garden he being then in a state

MCFriend Esq JP

George Town

P24

Of convalescence and not fit to be sent according to his sentence, was in His Excellency’s opinion judicious and proper.

The Lieutenant Governor has also observed that Mr Houghton ought not to have employed his assigned servant in the way he did on a Sunday such employment not being in case of necessity, neither ought the servant to have been refused a pass by his master, and his Excellency considers that the Magistrates decided very correctly in only reprimanding the servant for his reply to his master, which however might

P25

Have been too hasty.

I have the honor to be

Sir

Your very obedient humble servant

M Touter? Coen?

P26

[date unclear]

CPM

The Lieutenant Governor approves of the Magistrate’s decision in the case of Francis Woodhouse and James Kiely (Keely?)

P27

Memo

Forward to the resident Magistrate George Town whose attention is particularly directed t the alteration made on the enclosed form and it is requested that he will cause the similar forms in his office to be corrected accordingly

HT?

Police office Hobart

13^th June 1837

The Resident Magistrate

George Town

P28

Blank form

WEEKLY SUMMARY OF EACH DESCRIPTION OF OFFENCE COMMITTED

14 DIFFERENT POTENTIAL OFFENCES

P29 [BACK OF FORM]

Weekly return of offences and punishments in the District of

From the to the 183_

Free/Bond

P30

The Chief Police Magistrate presents his compliments to Lieutenant Friend and begs to transmit the enclosed forms, with a request, that they may be correctly filled up and then returned to this office as soon as possible.

Police Office, Hobart

25^th July 1837

to MC Friend Esq JP

George Town

P31

26^th July 1837

CPM

To fill up returns of πris? Of provisions and Labour in George Town District

P32

Police Office Hobart

17^th July 1837

My Dear Sir,

With reference to your letter under date 8^th instant respecting Mr Nihill I should certainly think the most advise is I’II? Craise? Would be to place the men on their trial for prevarication on oath, and until the result of such

C Friend Esq JP

P33

Proceedings are made known to me I shall suspend my judgement and opinion upon the other points of your communication and the documents relative thereto which as they appear to be originals I have returned to you herewith requesting that I may be favoured with them and all other documents relative to this subject when the case of prevarication against the men has been decided –

Believe me, my dear sir

Your very truly

H? Toutey

P34 [back of p33]

17^th July 1837

CPM

About putting Knight and Smith on their trial for perjury.

p35

Morven Police Office

30 September 1839

Memorandum

[left margin: 1323 James Bridger/Bridges Sir Charles Forbes]

The prisoner named in the margin and holding a ticket of leave has received a pass to proceed to your district : his police character herewith

Robert wales [signed]

The Asst Police Magistrate

George Town

P36 [correspondence – in grey pencil]

Police Office

Hobart Town Dec 15 1837

[left margin: John Keelly alias John Kelly]

Sir,

In answer to your communication of the 13^th instant respecting theman named on the l margin I have the honour to inform you that there was a warrant issued by William Champ Esqr for his apprehension and in consequence of Mr Champs absence I am unable to forward the Duplicate, but it shall be sent by Tuesday’s post.

I have the honour to be

Sir

Your most Obedient

Humble servant

John Price for PLAPM?

D Wentworth Esq

Police Magistrate

Launceston

P37

[back of 36 – John Price Hbt PM

1837

in pencil]

p38

The information and complaint of William Peel District Constable of Launceston who being sworn saith from information I received on the sixth day of February instant I have reason to suspect that property of the crown has been embezzled and carried away to the premises of David Gibson of Pleasant Banks – the grounds of my reason for suspecting that the said David Gibson has such property in his possession are that certain stones which were prepared by the Government Masons at Perth as Springers for the Bridge building at that place were on the twenty sixth day of November last removed by a Cart and Bullocks belonging to David Gibson, and which I shall be able to prove were carried to his house at Pleasant Banks on the twenty ninth of November last past twenty prepared stones were also removed by his carts and Bullocks and carried to Pleasant Banks – I am prepared to prove that the said stones are above the value of

P39

Twenty shillings and pray that a warrant may be issued to search the premises of the said David Gibson and that Justice may be done.

Wm Peel (signed)

Sworn before me the 9^th day of February 1837

Wm Franks JP

P40

9 Feb 37

Peel

Gibson

Embezzlement of Crown Property & prays search warrant

[Gibson of Pleasant Banks – in grey pencil]

p41 [Dec 1837 – in purple pencil]

Island of Van Diemen’s land

[To Wit]

The information of Mary Briggs who being duly sworn states as follows –

I knew John Smith who was the Commisariats Coxswain at Georges Town. He afterwards lived on the East bank of the Tamar before you come to Earl Tor? [Easton?]

I know Richard Tonks. I lived with him at Mr Froggett’s as man and wife – I lived with him about five months he afterwards went splitting for Mr Froggett at Mount Farm on the Western River – I was with him there about a fortnight – one evening he and I were alone together in the hut he asked me if I would like

P42

to see Smith who was Ann Grant’s husband- that Smith was dead – I said I would not like to see him. He afterwards took me up to the top of a hill a good distance from the hut and out of sight of it and showed me the upper part of a body – the head – arms and as low as the middle – it was covered over with dirt, and grass and stones – it was not very deep in the earth – it was on the top of a hill – there were trees all about – he took the earth off the body with a spade – There was nothing on it – There was not much flesh to say on

p43

his face – There was flesh in the upper part of the body and arms – There was a mark of an anchor on the upper part of the right arm – It was not a very large mark – after I had seen it he covered the body over again – He said it was the part of the body of Jack Smith – he did not say where the other part was – I never heard Tonks say how Smith came by his death – Whilst we were sitting in the hut I heard a noise like the falling of a limb of a tree. I said that’s the limb of a tree – Tonks Said no – it is the office for me to go out and see some Bushrangers. He did not go out then, but soon afterwards he asked me if I should like to see the body of Smith as I have stated – I did not see any person as we went up the

p44

hill or as we returned. Tonks told me that Smith used to come to his hut when he lived at Mr Froggetts the first time that was when Smith was in the Bush – Tonks did not say how long Smith had been dead at this time nor did I know until that evening when he asked me if I would like to see the body of Smith that Smith was dead. This was about four years ago – I lived with Tonks about three weeks after he had shown me the body of Smith. I had no quarrel with him. We parted good friends. I have not been intimate with him since. I never mentioned to anyone that I had seen the body of Smith until I told it to Mr Peel I think nearly twelve months ago – I should know the hill again where I saw the body but I don’t think I should know the place it must be so altered.

P45

A man named Bill Miller Lived in the hut with Tonks and me but was not there the night I saw the body – I never heard him and Tonks talking about Smith. I am quite sure that Tonks never said any thing to me about Smith excipting that evening. I knew that Jack Smith was in the bush for shooting a man – I heard a great many people talking about it – I did not hear Tonks or Miller talk about it – Smith shot the man I heard because he was his prosecutor about some sheep –Tonks told me that he had a good deal of money about him that he sold his place for when he went into the bush, He told me this the evening I saw the body – The hair of the head was on – I don’t know if the skull was broken or any bone of the body, I did not take any notice of

P46

any wound on the body Tonks only uncovered it as low as the middle. I had seen that mark (the anchor) on Smith’s arm when he lived at George Town. It was only a plain anchor.

The hill where I saw the body is nearer town than the hut and at the back of it – Tonks told me that Smith very often came to his hut when he Smith was in the bush for shooting the man they used to call “Yankey Tom” Tonks did not say what he came for. He did not say that he ever slipt there – I should not mind saying all this before Tonks – It is all true – I never heard from any body how Smith came by his death. Tonks used to have money when he wanted it – I never saw a good deal of money

P47

with him – Tonks did not go direct from the hut to the place where he shewed me the body – he seemed to have some trouble in finding it – it was summer time and quite light.

There was a hut hearer to ours than Mr Froggett’s and that is about two miles. Miller had gone that night to Mr Froggett’s and stopped there.

Mary X Briggs

Her mark

Taken and sworn before me this fourth of November 1837

D Wentworth JP [This is D’Arcy Wentworth Jnr]

P48

Van Diemen’s Land

To wit

The information on oath of William Peel who saith,

A Man named John Smith disappeared from the District of Launceston between two and three years ago – I have received information from an Aboriginal girl that the said John Smith was murdered by Richard Tonks and from further information I have ascertained that this girl was living with Tonks at the time Smith was missing and I have reason to believe that by diligent search the bones of Mr Smith may be found; where the girl stated them to have been buried – I therefore pray that the

P49

said Richard Tonks be remanded until I can procure further evidence.

Sworn before me this Thirtieth day of November 1837

D Wentworth

Constable Peel being duly sworn states as follows: After the preceding information had been read to Richard Tonks and after he left the office in charge upon my asking him if he did not work for Mr Froggett he said he did not – I understood that he had never worked for Mr Froggett – He said he had worked for Mr Barnes – I asked him if Mary Briggs better known by the name of Black Poll had formerly lived with him at Mr Froggett’s place – He said she never did – He also added I have seen Black Poll in Launceston – but I never saw her in the country – In the above information I have ? Mr Peel

P50

stated that Smith disappeared from the Launceston district two or three years ago but I now Found from further information that is nearly four years ago – upon my asking Tonks if he ever knew a man called Jack Smith he said he did not.

Wm Peel [signed]

Taken and Sworn before me this ninth day of December 1837 in the presence and hearing of Richard Tonks

D Wentworth JP

P51

The information of John Allworth who being sworn;

Upon the day when Richard Tonks was fined in this office for assaulting a constable and afterwards committed for further examination in the case he is also charged with murder. I asked him after he went out of the office if he knew Black Poll – he asked which? Black Poll – I described her as being a prostitute on the town here? – he said yes – I then asked him if he had ever worked for Mr Froggett in a gulley opposite Mr Reibeys – he said no he never did work for Mr Froggett – I asked him if he ever lived with Black Poll there – he denied it – I asked him if he ever lived

P52

opposite the stone quarry at Mr Reibey’s – he said no.

John Allsworth [signed]

P53

£50 in left margin

The information of Cornelius Froggett who being sworn saith,

I know Richard Tonks now present. He has been several times in my service – he was in my service about nine years ago as plough-driver. He was afterwards about four or five years ago splitting paling for me. He was again in my service about three or four years ago and at that time he lived in a hut close to a gulley – I understood so – I was ill in health at the time – I don’t know – I cannot positively swear that there was anyone living with him there but I heard there was a girl – a black girl living with him – I heard also that he did not keep her long only

P54

for a few days and then turned her away – I cannot positively say that he did turn her away – but I suppose so because I did not wish her to be there. I think I told both Tonks and the girl that I would not allow to remain with Tonks on my property – the name of the girl I think was Mary or Poll.

C Froggett [signed]

P55

The statement of Richard Tonks

I know Black Poll well enough – I have been with her but she never lived with me a week – I did live in a hut whilst I was working with Mr Froggett the last time opposite the junction of the Western and New Rivers near a Hollow. Black Poll was at that hut once but I did not allow her to remain there. Mr Froggett would not have allowed her if I had been willing.

Taken before me this ninth day of December 1837

D Wentworth JP

P56

13 December 1837

Regina vs Tonks

Suspicion of Murder

Discharged

In grey pencil – near Hadspen

P57 1840 – in grey pencil

ISLAND OF VAN DIEMEN’S LAND

TO WIT

[left margin in big letters: WITHDRAWN WF]

Launceston

Police Office

To Charles Grant of Charles Street Launceston and to Mr John Byron Chief District Constable of Launceston and to all constables and others in the said Island whom it may concern.

Whereas information and complaint hath been made before me one of Her Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, that

Charles Grant of Charles Street Launceston in the said Island a Licenced person by virtue of an act in Council of this island intituled an act to consolodate [1 in pencil] and amend the Laws relating to the sail [2 in pencil] by retail of wine and malt and spirituous liquor and to a???inate?? good order in Public Houses did on the twelvth [3 in pencil] day of April instant being the Lord’s Day neglect to keep the outer door of your said Licenced House situated at Charles Street Launceston as aforesaid closed betwen [4 in pencil] the Hours of eleven and twelve o clock of the of the fore noon of the said Twelvth [5 in pencil] day of April instant the said outer door not having been opend [6 in pencil] for the purpose only of receiving bona fide travilers [7 in pencil] calling for refreshment on their journey or remaining as ??? said Licence House during the day or night thereof and not tippling or drinking contrary to the act in council of the land in such case made and process… These are therefore to require you forthwith to summon the said

CHARLES GRANT to appear before me or any other of Her Majesti’s [10 in pencil] Justices of the Peace for Van Diemen’s Land and its Dependencies

At the Police Office, in Launceston on Friday the twenty fourth day of April instant at the hour of ten in the four [9 in pencil] noon of the same day to answer the mater [8 in pencil] of complaint contained in the said information and to show cause if any you have why you should not be convicted of the said offence charged in the said information and do otherwise you the said chief district constable or any other constable to serve this my summons

And be you then there to certify what you shall have done in the Premises. Herein fail not. Given under my hand this twenty first day of April in the year of our Lord one thousand eight hundred and forty

Darcy Wentworth JP [is this correct re: signature?]

P58 [back of p57]

On the day in question, a man (TL) came into Grant’s kitchen (which is an detached bungalow? Between 11 and 12 o clock – the servant girl at the time was taking a quart of rice? To the cook, which he has as an allowance every day – and as she was taking it to him the constable came into the yard. Previous to this the constable and the man were seen in a skilling belonging to the new Baptist Chapel in York st the man went the back way into Grant’s and the constables immediately followed him.

[in pencil]

This information is set out wholly bad and incomprehensible – ( see – 1,2,3x,4,5,6,7,8,9,10,11 = besides it appearing primedifalso ? – & not done in the honest exercise of duty – m constables but with the intent of entrapping – with a view of participating in the supposed fine of which they are intended.

3x – no such day

p59 (someone has underlined Darcy Wentworth’s typos in pencil as per below with some spite)

[left margin in big letters: WITHDRAWN WF]

ISLAND OF VAN DIEMEN’S LAND

TO WIT

INFORMATION

BE IT REMEMBERED THAT ON THIS twenty first day of April one thousand eight hundred and forty at Launceston in the island of Van Diemen’s Land William Scott

Of the same place, District Constable

Personally came before me, Darcy Wentworth Esquires, one of Her Majesty’s Justices of the Peace in and for the said island of Van Diemen’s Land and its Dependencies, and gave me to understand and be informed that

CHARLES GRANT of Charles St Launceston I the said Island a licenced person by virtue of the act in council of this island intituled an act to consolodate and amend the laws relating to the sail

By retail of wine and malt and spirituous liquors and to promote good order in Public Houses did on the twelvth day of April instant being the Lord’s day neglect to keep the outer door of his said Licenced House situate at Charles Street Launceston (as) aforesaid closed between the hours of Eleven and Twelve o clock of the forenoon of the said Twelvth day instant the said outer doors not having been opened for the purpose only of receiving bona fide traveler calling for refreshment on their journey or remaning as his said Licenced House during the Day or Night thereof and not tippling or drinking ..

WHEREBY THE SAID CHARLES GRANT

Hath, under and by virtue of and Act 4^th William 4th no 8, of the said Island made and passed in that behalf become liable to forfeit and pay a penalty of no less than five pounds nor more than fifty pounds together with the costs and charges of and attending the Conviction for the said offence; and the said William Scott prayeth that the said Charles Grant may be summoned to aswer the premises.

Taken the day and year first above written.

D Wentworth (?) JP(signed)

William Scott (signed)

P60 [back of p59]

Scott and Grant – decided

P61

ISLAND OF VAN DIEMEN’S LAND

TO WIT

INFORMATION

BE IT REMEMBERED THAT ON THIS eighteenth day of April one thousand eight hundred and forty at Launceston in the island of Van Diemen’s Land

JOHN BYRON

Of the same place, District Constable

Personally came before me, Darcy Wentworth Esquire,

one of Her Majesty’s Justices of the Peace in and for the said island of Van Diemen’s Land and its Dependencies, and gave me to understand and be informed that

JOHN HINSHAW of Wellington St Launceston

in the said Island a licenced person by virtue of the act in council of this island intituled an act to consolodate and amend the laws relating to the sail

By retail of wine and malt and spirituous liquors and to promote good order in Public Houses did on

the twelfth day of April instant

being the Lord’s day neglect to keep the outer door of his said Licenced House situate at Wellington Street Launceston (as) aforesaid closed between the hours of

four and six o clock of the afternoon of the said Twelfth day instant the said outer doors not having been opened for the purpose only of receiving bona fide traveler calling for refreshment on their journey or remaining at his said Licenced House during the Day or Night thereof and not tippling or drinking ..

WHEREBY THE SAID JOHN HINSHAW

Hath, under and by virtue of and Act 4^th William 4th no 8, of the said Island made and passed in that behalf become liable to forfeit and pay a penalty of no less than five pounds nor more than fifty pounds together with the costs and charges of and attending the Conviction for the said offence; and the said JOHN BYRON prayeth that the said JOHN HINSHAW may be summoned to aswer the premises.

Taken the day and year first above written.

D Wentworth (?) JP(signed)

William Scott (signed)

P62 [back of p61]

Scott and Grant – decided

P63

QUATTANCY ?

ISLAND OF VAN DIEMEN’S LAND

TO WIT

POLICE OFFICE

To the Superintendent of the Road Party at Glenorchy Mr Thos Salmon the Chief D? Constable and to all District, Division and Petty Constables of the said Island, and others whom t may concern.

WHEREAS Richard Gilbert

A convict was on the twenty seventh day of July last at Oatlands

In the said island before me

JOHN WHITEFOORD ESQUIRE one

[left margin Police office registrar: 1236]

of her Majesty’s Justices of the Peace in and for the said Island and its Dependencies Duly

convicted of Drunkeness and Neglect of Duty and sentenced six weeks hard labor and returned to the Crown.

[left margin: ship to this colony: SARAH]

He is now ordered by His Excellency the Lieutenant-Governor

To Glenorchy for such sentence then Hobart for assignment

[left margin: original sentence – 14 y]

THESE are therefore in HER MAJESTY’S NAME to command you and every of you the said constables forthwith to convey and deliver him into the custody of

Said Superintendent

[left margin Trade: Gun? Scrol?]

who is hereby required and commanded to receive the said

RICHARD GILBERT

To be dealt with according to the said sentence

Given under my hand and seal at OATLANDS aforesaid this 4^th day of August in the year of our Lord one thousand eight hundred and forty-one

[prisoner’s Remove Warrant Common.]

J Whitefoord JP (signed)

P64 [back of 63]

Returned at HM Gaol at Oa tlands

on the 6 and 7 of August 1841

BShne? (signed)

Rationed at Bridgewater for the 8^th August

Thos W Ward (signed)

Richard Gilbert

Sarah

6 months

p65 fn:

71147 Toogood Joseph 04 Aug 1831 Argyle 18 Mar 1831 Plymouth

http://portal.archives.tas.gov.au/menu.aspx?search=11

convict record:

http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON31-1-43,176,51,F,45

[sept – in blue pencil 1842 in grey pencil]

Examination touching the death of Joseph Twogood

The examination of oath of Hannah Pugh who saith, I have known the deceased Joseph Twogood upwards of two years, he held a Ticket of Leave, he employed himself in sawing near Egg Island, on the banks of the Tamar River. He came to Launceston last Monday. I saw him every day last week except Saturday, he was in good health, until about eight o clock on last Friday night, I then saw him in Mr Burn’s Public House, He was intoxicated, John Harris was there, a difference took place between him and the deceased respecting sawing, and Harris challenged Twogood to fight him, Twogood said he was too tipsy to fight, Harris said he should fight him, and struck Twogood on the nose with his fist – Twogood then said he would fight him – They went out of the House and whilst Twogood was pulling of his shirt, Harris struck him with his fist

P66

On the right side of the head, which blow knocked him down, Twogood then got up again, and Harris then knocked him again by a blow on the breast, Twogood again got up and was again knocked down by Harris, I do not know where Harris then struck him, Twogood got up again, and Harris then struck him I believe over one of his eyes and he again fell. I did not see the blow but after he fell I saw that he was bleeding over one of his eyes. A young man then came up and said if they attempted to fight any more he would send for a constable and then lifted up Twogood. I did not see George Hill during the fight, two men then took Twogood on board Mr de Little’s lime barge at the wharf I went on board the barge and put my hand on Twogood’s shoulder – he said “Oh! Do not touch me, I cannot move, Hannah go home, I cannot speak to you”, and I soon afterwards saw the lime barge going down the North Esk River, towards the Bar, I don’t know the names of the men who took Twogood on board the Barge, but they are in the service of Mr De Little at the Lime Words – as the Barge was passing down the

P67

River, Harris was standing by the side of me on the wharf and said he would fight Twogood at any time and if I liked he would go on board with Barge and fight Twogood again. I said he would not say so if Twogood were well. He said if I said any thing more about it he would strike me; Twogood was a very quiet peaceable man; Twogood took his meals last week at the house of James Miller, where I then lived; I never heard Twogood complain during the last week of being unwell in any way, I once lived with Twogood six months, sixteen months ago, and I never heard him complain at any time of being unwell. Whilst Harris and Twoood were fighting and as Twogood was falling, I saw Harris kick him in the breast, Twogood left me about twelve o clock on Friday at noon, and he then gave me a Dollar and I then saw that he had one pound and four shillings, but I do not know what other money he had about him.

I was with Harris and Twogood at Mr Brigg’s Public House in Launceston about six months ago, Twogood told Harris that he

P68

Had cheated him, by paying his less money than he owed him for sawing for him, and this quarrel led to a fight, Harris and Twogood then fought for about twenty minutes in the street with their clothes on, Harris gave in, and they shook hands and returned into Mr Brigg’s House and drank together, I know of no other quarrel between Harris and Twogood from that time until last Friday night – The quarrel on Friday night between Twogood and Harris arose from each saying that he was a better sawyer than the other, I did not see Twogood alive after I left him in the Barge on Friday.

Hannah Pugh

Her X Mark

Taken and acknowledged before me at Launceston this nineteenth day of September 1842

PA Mulgrave

Coroner

P69

The examination on oath of Mr James Burns who saith, I am a publican, and reside near the wharf at Launceston. The deceased Joseph Twogood, whose remains have been received by the inquest, was in my House about eight o clock on last Friday evening, a man named Harris was with him; they had been drinking but were not intoxicated. There was some difference between them respecting the name of the Rope which stops the wind when the vessel is in full sail, a man said to be the mate of Twogood was brought into the house under a supposition that he had taken away a Dollar belonging to Harris, and as soon as Harris saw him, he struck that man, and Twogood then said to Harris , my mate is not a man for you, and struck Harris I then turned Twogood out of the house, and said you shall not fight here. Twogood called out to Harris come out, I am your man, Harris then went out and they pulled off their coats – I went out and told them there should be no fighting near my House, and if they did not go away, I would have

P70

Put in the Watch House, and then they went towards Captain Gardener’s residence – they returned to my House in about a quarter of an hour afterwards – Harris came in first, his face was bleeding near the cheek bone – I went out of the Bar and in about ten minutes afterwards returned Twogood was then sitting down and Harris standing near him, they shook hands together, and appeared friendly. They remained there apparently good friends near half and hour, when I missed Harris and Twogood went away a quarter of an hour or twenty minutes after Harris. Twogood was bleeding from some part of his forehead – He did not complain of being ill – They had nothing to drink after they returned except a pot of beer which was called for by Harris, I did not see Twogood drink any of it. Hannah Pugh came into my House after Twogood returned and wanted him to go home and I made her leave my House, there was another woman with her – I did not see Hannah Pugh in the room when Twogood and

P71

Harris quarreled. I swear positively she was not then in the room, or I must have seen her – she might have been there before that time, but I did not see her. Hannah Pugh might have been close outside the door when I turned Twogood out without my seeing her.

(vide page 28 for further examination)

(signed) James Burns

Taken and acknowledged before me at Launceston the nineteenth day of September 1842

PA Mulgrave

Coroner

P72

The examination on oath of George Hill who saith I hold a Ticket of Leave – I am a Boatman and work on the River Tamar. I was in Mr Burn’s Public House about a quarter past seven o clock last Friday evening, Joseph Twogood and John Harris were there, I did not see Hannah Pugh there, some dispute took place between Twogood and Harris. I understand about a wager, I did not hear particulars. A Dollar was said to have been taken, of the counter and David Martin who works as the mate of Twogood, as a sawyer was fetched into the house on suspicion of having taken it, and Harris said to Martin give me that Dollar, Martin asked hims what dollar it was, Harris said the Dollar you have taken from the Counter, Martin said I know nothing about any Dollar, when Harris immediately struck at Martin, and hit him, I cannot say where, and Twogood then sprung out of the tap Room, and hit Harris, a blow on the back of the neck, and Harris returned the blow, Mr Burns then aid he would have no fighting in his house and both got

P73

Out Twogood and Harris, and Mr Burns sent them away from the door, I followed them in about three minutes and a few yards from Mr Burn’s door I found Twogood and Harris fighting, Twogood pulled off his jacket, a blue shirt and a white shirt, Harris had then on a Guernsey shirt and they fought from five to seven minutes; Twogood was knocked down two or three times, I endeavoured to part them, but could not, they fought two or three rounds afterwards, Harris was knocked down four or five times during the fight and I left them fighting and returned to Mr Burn’s House. About eight o clock I was going on board my Boat when I saw Twogood and Martin near the side of the North Esk River, Twogood was washing himself, his clothes were off, when he put them on he asked me to go with him, to Mr Burns that he might get a drink of Beer I went with him, into Mr Burn’s House. Twogood laid himself down on the Tap Room table and I desired Mr Burns to take care of him, and I went on board my Boat – I did not then see Harris at Mr Burns

P74

I did not see Twogood again until between ten and eleven o clock on Saturday night, when I saw him at the house where the remains were viewed, this day by the inquest. He then appeared very unwell and complained of a pain in the lower part of his belly, Jane Mallett was there and about eleven o clock she gave Twogood a dose of salts. I did not see her mix the salts with water – there was about a Gill of the liquid, He soon afterwards asked for something warm to drink, and Jane Mallett gave his some warm gruel he desired and was put on a bed, he got off the bed in about half an hour and returned in two or three minutes, he said he felt very unwell, he could get nothing through him; he was put on the bed again, and in half an hour he complained or being cold, and he was placed on a bed on the floor before the fire – he then appeared to be getting worse, and spoke indistinctly and a Doctor was sent for, Doctor Grant came to the House with me, Twogood was alive when I left the house but insensible, when I returned he was dead. I was with Twogood

P75

From about 12 o clock on Friday until about eight o clock at night at different times and he several times complained that he could not make water, this was before the fight between him and Harris – I did not see Harris kick Twogood whilst they were fighting

[The bracketed section below has been bracketed in original account with the word: NIL next to it.]

Nil [This bill for thirty pounds due tomorrow accepted by Mr De Little in favour of Twogood and endorsed by him, I cashed for Twogood, I think on Wednesday last, I gave him twenty seven pounds ten shillings for it, David Martin was present. Twogood said that Martin was to have one-third and that John Bell who was also present was to have another third of it, and the rest was his own, Twogood then paid me eleven pounds seven or eight shillings which he Martin and Bell owed me and the remainder was divided between them].

I am sure that Harris and Twogood were intoxicated on Thursday night.

Taken and acknowledged before me at Launceston this nineteenth day of September 1842

George Hill

His x Mark

PA Mulgrave

Coroner

P76

The examination on oath of Matthias Gaunt Esquire Surgeon who saith I reside at the Union Steam Mills about twelve miles from Launceston at about three o clock in the afternoon of last Saturday, Joseph Twogood came to Mr de Little’s lime barge in a dingy to my premises, he walked with much difficulty, he complained of very severe pain in the lower part of his abdomen and inability to make water, I perceived that he had been very much bruised, and appeared also to have recently been intoxicated, and considered from the appearance of his face and his extreme state of suffering that he had been severely bruised in the body as well as the face, His mate David Martin told me that Twogood had been fighting, and I considered his life in danger, and desired his mate to take him back to Launceston as quickly as possible, and to get him into the Hospital if practicable, or at least to get medical aid immediately

P77

To enable them to get to Launceston more rapidly, I put one of my own men in the Dingy to assist in rowing thither, and Twogood, Martin, my man and a boy proceeded in the Dingy towards Launceston, I do not now practice as a surgeon, nor had any means of attending Twogood and accommodating him in the way that in his situation I considered absolutely necessary.

Matthias Gaunt (signed)

Taken and acknowledged before me at Launceston this nineteenth day of September 1842

PA Mulgrave

Coroner

P78

The examination on oath of Mr George Lukin who saith I know Joseph Twogood and John Harris. I saw them fighting together between seven and eight o clock on last Friday night near the large gates? A short distance from the front of Mr Burn’s public house in Launceston, I only saw them fighting for two or three minutes, one of them was knocked down, I do not know which.

I keep the wharf public house in Launceston.

(signed) George Lukin

Taken and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave

Coroner

P79

The examination on oath of David Martin who saith, I hold a Ticket of Leave, I had worked with Joseph Twogood since March last sawing under Mt Direction near Egg Island, until last Friday week, when I came to Launceston and met him in Launceston on the following Monday afternoon, I saw him often, between that time and last Friday morning, he appeared in perfect health and did not complain of being in any way unwell; that evening I was in company with Twogood at Mr Burn’s Public House, John Harris was also there, we were together about an hour, Twogood and Harris had some words together about a Dollar, the particulars I do not recollect, they then had some words about some sawed stuff and John Harris struck me, Twogood asked him what he struck me for, Harris said because he like to, I then immediately went away, to avoid getting into trouble, I did not see Twogood or Harris strike each other

P80

About three quarters of an hour after I went away I met Twogood on the wharf, he was sitting down, his face was covered with blood, and he had a shirt on much torn, and his jacket and waistcoat were lying by his side, I took my Handkerchief off my neck and dipped it in the North Esk River, and wiped his face with it, he said he had been fighting with John Harris he said he was very ill, and I asked him if I should take him into Mr Burn’s Public House he said he would go in and sit down for some time, George Hill was with me, and went with Twogood and I to Mr Burn’s House. Hill desired Mr Burns to take care of him, I went away to see for a Boat and returned to Mr Burn’s in about a quarter of an hour, Twogood was kneeling down with his head on a form?, I lifted him up and he told me not to touch him about the belly for he was very bad there, I asked him if I should get any Doctor’s stuff for him or take him on board the Lime Boat, He said never mind the stuff and he went with me on board Mr de Little’s lime boat that

P81

Was lying at Mr Burns wharf – I put him into one of the men’s beds – in the stern of the boat and he said he hoped he should be better by the morning – As we went down from Mr Burns H to the wharf Twogood kept his hands clasped over the lower part of his belly, and walked bent nearly double, I then left him and saw him again last Saturday between eleven and twelve o clock on board Mr De Little’s lime boat, near Pig Island flats, He was then in the bed I had left him overnight, Twogood said he was no better and when the boat got opposite Doctor Gaunt’s he would go on shore and see the Doctor, I returned on board the Boat in which I had come from Launceston and accompanied the Lime Boat until between two and three o clock when I went on board the lime boat, I had just before seen Twogood lifted carefully out of the Lime boat into a Dingy by its side, and I accompanied him in that Dingy to Doctor Gaunt’s wharf, Doctor Gaunt saw Twogood and said, that Twogood have better be taken back immediately to Launceston

P82

I did not hear Dr Gaunt’s conversation with Twogood, but the latter told me that Dr Gaunt advised him to go to the hospital at Launceston immediately to see some medical man immediately he got there – I cam eup to Laucneston with Twogood in a dingy, and Doctor Gaunt lent me a man to assist me in rowing the boat, – Twogood was taken great care of as we came up to Launceston. I took him from the wharf to the house where Jane Mallett resides. He complained of being very ill, and walked with great difficulty – I laid him on a bed and asked him if I should take him to the Hospital or go for a Doctor – ; he said he thought he should not want a doctor, but he thought a dose of salts would do him good, and he would be better in the morning: he complained of great pain in the belly and said he could not ease himself or make water. By Twogood’s desire I put two teaspoonfulls of salts and mixed them with water in a tea cup and gave them to him. Jane Mallet afterwards gave him some warm gruel he was very cold and I undressed him and laid him on

P83

The bed and put all the bed clothes I could find over him and I then asked him if I could do anyting more for him, he said I could not that he did not wish me to stay with him that night, but as the tide was running down, I had better go down in the boat, I left him and went on board the dingy and went down the river Tamar; Twogood was taller by several inches than Harris I saw Twogood three or four times on Friday he did not say that he was in any way unwell or that he could nto mke water, until after he ad told me that he had been fighting with Harris.

Twogood did not say that he had fought with any one beside Harris on Friday, or that he had been hurt in any manner except during the fight.

George Hill gave Twogood money for an order on Mr de Little on last Wednesday it was divided between Twogood, John Bell and I.

I saw Hannah Pug at Mr Burn’s Public House just before I left there on Friday night – and also after I went to take Twogood to the Lime Boat, I did not see her on board the Lime boat that evening or night.

I do not know exactly what

P84

Time it was when I got to the house with Twogood where Jane Mallett lives. There was noone at home, and I went away in search of the person who keeps the House, leaving Twogood at the door, when I returned he was in the House and Jane Mallet assisted me to put him in the bed.

David Martin

His X mark

Taken before and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave

Coroner

P85

The examination on oath of Thomas Bonnor who saith, I am Free; between seven and eight o clock on last Friday evening I saw a crowd of persons at the door of the Tap? Of Mr Burns public House and one man a tall man was pulling of his shirt to fight a shorter man and Mr Burns came out and said they should not fight before his premises; and those two men and the crow moved off towards Captain Gardiner’s house, and the two men whose names I do not know, commenced fighting in the road, opposite large folding gates, near a hundred yards from Mr Burn’s Tap room door. The taller man was knocked down fifteen or sixteen times and he frequently fell heavily on the ground, and there was some sharp stones on the road, on which he sometimes fell – I saw them fighting three quarters of an Hour, then went away.

The shorter man had something on him whilst fighting which looked like a Guernsey Frock – I did not see any other persons fighting that evening. The shorter man was knocked down some times but not so often as the taller one, the taller one fell sometimes heavily on his belly as well and on his back and sides.

P86

The examination on oath of Jane Mallett who saith, Joseph Twogood came to my house on last Sturday evening about nine o clock. He complained of a great pain in his belly and of being cold, David Martin soon after came in and assisted me in putting Twogood on a bed. Twogood asked for a dose of salts, there was some Epsom salts in the house and David martin gave Twogood some of them mixed with water – Twogood said he was very thirsty, I gave him some coffee and afterwards some gruel, George Hill was there also – Twogood said if he was not better he would go to the hospital ion Monday, avid Martin took off Twogood’s trowsers and jacket and covered him up with the bed clothes, Martin then aksed him if he should stay with him until Monday, Twoood said “no, as he had got the boat, he had better go down and Martin then went away. Afterwards Twogood complained of being uneasy and got up and went out of the house – and returned in a few minutes – He afterwards complained of being cold and he was placed in a bed on the floor before the fire. There was a wound over his left eye – he continued to complain

P87

Of great pains and cold, and between two and three o clock George Hill went for a Doctor and in a few minutes after he was gone Joseph Twogood died. Doctor grant came in very soon afterwards.

(signed) Thomas Bonner

Taken and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave

Coroner

P88

The examination on oath of James Grant Esquire surgeon who saith – I was called to attend the deceased Joseph Twogood about three o clock on last Sunday morning – He was lying in a shake down bed before a fire, in the room where the remains were viewed by the inquest.

He was quite dead – there was some degree of heat about the body, but the extremities were cold and rigid, he appeared to have recently expired.

I had a post mortem examination of the body on Monday last – there was an extensive ecchymosis round the left eye, and a little round the right – there was a wound over the left eyebrow of small extent and penetrating to the bone.

There were numerous and severe bruises on the shoulders and arms, and marks on the back as if he had fallen on gravel, there was also a small bruise about the middle of the back – and another on the left side near the short ribs.

On opening the abdoemen I found the walls of that cavity and the surface of the viscera covered with purulent

P89

matter and lymph mixed with a small portion of yellowish coloured feculent matter – the omentum adhered to the intestines and the latter were agglutinated wherever in contact. I have never seen such an amount of morbid appearances resulting in the cavity of the abdomen. On carefully examining the bowels to ascertain the opening through which the contents had escaped I found a small opening in the ilium near its junction with the seecum? – this portion of bowel was removed, slit open and examined from within – when it was apparent that the wound was not the result of ulceration but of a sudden rupture of the coats of the intestines by external [PAM] violence – the bladder was empty but on distending it with air it was found to be perfectly sound, the liver and spleen seemed healthy – there was a small red mark on the external surface of the left kidney and on cutting into

P90

Its substance, it was evidence that it had been the seal/seat? Of recent inflammation – the right kidney was also very vascular.

The redness was not equally diffused over the serous/ membrane but was in spots or patches here and there – the viscera of the chest were quite healthy – the veins and sinews of head were gorged with dark blood – the pea-maler? was exceedingly vascular, the brain was firm and on making sections of its substance numerous spots of blood oozed out. There was no fluid in the ventricles.

The rupture of the intestines and consequent excape of foecal matter and the violent and excessive inflammation which resulted were in my opinion the immediate cause of death.

I examined the louhiad? Where the penetrating would existed – but it was a mere flesh wound, the bone was uninjured. A violent blow from a man’s fist might have cause such a rupture; or a heavy fall on such stones as the roads in town are repaired with might also have caused that rupture, if much violence had been used in

P91

Throwing him, the person, down, I consider that the rupture was more likely to have been occasioned by a blow on the abdomen than by a fall, I am of opinion the rupture had existed a day or who when I examined it.

I believe that the red mar which was on the left kidney corresponding with the external mark, was apparently caused by a blow – an inability to make water is one symptom of inflammation of the kidneys. I have great doubt if any medical aid could have saved the life of Joseph Twogood after the rupture – I think under any circumstances the injury would have proved mortal.

(signed) J Grant

Taken and acknowledged before me at Launceston this twenty first day of September 1842.

PA Mulgrave

Coroner

P92

The further examination on oat of Mr James Burns who saith I do not believe that there was any fight or disturbance between seven and eight o clock last Friday evening, near my house besides the fight between Joseph Twogood and John Harris or I think I must have seen or heard of it. Twogood’s face was bleeding when he returned to my house on Friday evening, it was not bleeding when I turned him out of it.

(signed) James Burns

Taken and acknowledged before me at Launceston this twenty first day of September 1842.

PA Mulgrave

Coroner

P93

The examination of John Harris who saith I came to Van Diemen’s Land a free man, I fought with Joseph Twogood at Launceston last Friday night, we were both in liquor, I am not aware that any other person fought with Twogood on Friday night besides myself, we afterwards parted good friends and on Saturday night I heard that he had returned to Launceston and went to see him.

John Harris

His X Mark

Taken and acknowledged before me at Launceston this twenty second day of September 1842.

PA Mulgrave

Coroner

P94 [back on p93]

[pencil]

Inquest on the body of Joseph Twogood

Death caused by fighting with John Harris

22^nd Sept 1842

p95

[small stamp top left corner]

RECEIVED

PRINCIAL SUPERIOR’S

DEPARTMENT

MAY 16 1842

684

To His Exellency Sir John Franklin, K.C.H.K.R.

Lieutenant Governor of Van Diemen’s Land

And its Dependencies

The Humble Petition of

Neil Fergusson Fraser

Most Respectfully Sheweth

That Petitioner arrived in this Colony per “North Briton”, free, in February 1836.

That Petitioner was Transported for Life in December 1839 and was sent to Port Arthur – Petitioner underwent at the Settlement the usual course of severe labor and was latterly employed in the Commandant’s Office as Police Master. In November 1841 Petitioner was removed – as writer – to the Coal Works, Recherche Bay – Your Petitioner respectfully trusts that his removal to this place in the capacity in which he is employed testifies to the propriety of his previous conduct – yet your Petitioner in praying your Excellency to release him from Penal Coercion does not intend to advance any aim, but trusts to Your Excellency’s Clemency – Your Humble Petitioner will in his future life prove that he is not unworthy of it.

– and Petitioner, as in Duty Bound

– will ever pray

&c &c &c

Neil F Fraser (signed)

North Post

Recherche Bay

Coal Works

March 1842

P96 [back of p95]

Hearing/turning? The praird? The Petitioner has been at Recherche Bay in the mining parts? Stationed there in the capacity of clerk he has conducted himself much to my satisfaction in correct conduct and the utmost attention to the duties he has had to perform.

James Smith PM [signed]

The conduct of the memorialist here? Under my command has been very good? Conduct generally – and attentive to his duties.

Charles O Hara Booth [signed]

Zom?

17/4/42

p97

The Petition of Neil Fergusson Fraser

Praying

To be released from

Penal Coercion

At the Coal Works at

Recherché Bay

March 1842

P98

Westbury?

Island of Van Diemen’s Land

To Wit

Information of Samuel Munday

Watch House Keeper

On Oath saith

I saw Mrs Stokes at eleven hecentots? 12 Saturday day in the house where she resides – Shipwenn? Mrs Stokes appeared to be under the influence of liquor but not drunk. She was strongly under the influence of Liquor. She could walk and knew what she was about – Her house where she lives is situated about fifty yards form the road said on Mr Field’s property. I saw her first on Saturday night in her own house. She was standing up – I had orders from the D Constable to go to the house of Mrs Stokes. She was ordered to the Watch House by Mr Walker Dt Constable.

Saml Monday

Taken and sworn before me the 31^st day of January at the Police Office Westbury? In the presence of the prisoner 1842

P99 [back of p98 – letter addressed to]

Miss H Landell

Post Office Brach

Via Bishopsbourne Station

P100 [1842 – in pencil top right]

George Town

Island of Van Diemen’s land

To Wit

Fn: Possibly? John Kilminster, Prince Regent, 1820. Warwick Assizes, 27th March, 1819. 14 years, Labourer. – http://www.heavenandhelltogether.com/index.php?q=node/92

John Kilminster upon being sworn states

I am a prisoner of the crown and belong to the Marine Department

I was going in a boat yesterday evening with Mr Landell at the heads about 4 o clock we had pulled about two miles, there was conversation carried on the boat between the men.

Mr Landell ordered them not to speak a word, in the space of ten minutes afterwards, I asked a man in the boat if I should give him a spell. Mr Landell said directly silence you scoundrel or I will knock your brains out.

P101

Mr Landell than took hold of a stetcher? And truck one across the face with it. I told him I should report his conduct and called upon Mr Forester at the time as a witness. Mr Landell then caught hold of me he called God to Witness that if I uttered another word he would knock my brains out with the same piece of wood (having it his hand wavering over my head) as he struck me across the mouth?.

I told Mr Landell as I was leaving the boat that I should lodge the complaint to the magistrates, he told me I had better not.

I recollect speaking to the other

X ed by Mr Landell

P102

Men in the boat once, I do not recollect your telling me to pull my oar and hold my tongue, I do not remember your telling me to pull my oar and that would be enough for me to attend to – I recollect our asking me if I would yarn in that manner if Mr Friend or Mr Davis were in the boat this was after you struck me. I heard you say that if I had been in the habit of yarning in other bots I should not yarn in yours, I do not remember you telling me to leave off yarning until I got ashore and then I could yarn as long as I liked, I remember your saying after you had struck me that if I did not leave off yarning you would knock the stick down my throat by Heaven.

Ed: by the bench

The mark I have near my eye

P103

Was caused by the blow I received from Mr Landell with the stick.

John Kilminster

His x mark

Witness: Edward Best

Taken and sworn before us at the Police Office George Town this 13^th August 1842

[not signed – big vertical twisty swirls – signature?]

p104

George Town

Island of Van Diemen’s Land

To Wit

George Foster upon being sworn states

I am a pilot on the River Tamar.

I was in the boat yesterday going to the heads with Mr Landell and the man now present. As we were pulling down several of the men began talking and I believe the men now present to be one of them. They were talking very loud and Mr Mandell ordered them to be silent. They all desisted but the man now present and he did not and he said something to Mr Landell but I do not know what, Mr Landell then took up a stretcher? And said he would knock the man now present head off, He still kept on talking, Mr Landell repeatedly

P105

Begged of him to hold his tongue, Me Landell then took the stretcher? And shoved it aginst the man not present eye. I cannot say whether he had the mark which is now on the man’s face, Mr Landell went on begging the man to hold his tongue, the man I believe then aid I shall go onto? The Magistrate.

No questions by Mr Landell.

X ed by Mr Landell.

George Foster [signed]

Taken and sworn before us at George Town this 13^th August 1842

[not signed – big vertical twisty swirls – signature?]

p106

George Town

Island of Van Diemen’s Land

To Wit

Charles Miles upon being sworn saith

I am a Prisoner of the Crown. I was going down the Head in a bat last night with Mr Landell and the man now present , the complainant spoke to me in the boat and Mr Landell told him to hold his tongue, soon afterwards he spoke again. Mr Landell told him if he did not silence he would knock him down with the stretcher? And then struck him, Mr Landell struck the compl upon one of his temples, I heard the compt tell Mr Landell that he thought he was saying no harm. Then Mr Landell struck the compt I heard him say he should call upon Mr Forster?

X ed by Mr Landell

I recollect hearing you tell the man to hold his tongue, I recollect hearing you ask the compt if he would yarn that if Mr Friend or Mr Davis was in the boat.

Charles Meils [signed]

P107

At this stage of the investigation it appeared from the prisoner’s own confession after a close examination of his eye by the bench that the scar which he had lead the bench to suppose was inflicted by a blow from Mr Landell, had been on his face since he was two years of age.

P108

Complaint of John Kilminster against Mr Landell pilot in the river Tamar for striking him

13/8/42

p108 [1843 – in pencil top right]

Sir,

In compliance with the direction of His Excy the Lieut Govnr communicated to me on the 21^st instant respects the supply of water to the public establishments at Launceston. I have the honor to acquaint you that having seen Mr Yates? Of the Lufweed??? Hill whence the supply of water has been hitherto procured by the Govt without charges I was? Informed that the refusal to allow water to be taken as usual arose in consequence of the surer???? Having been demanded by the men employed to drawn it as a matter of right and having also in order to render the work of filling the carts more easy placed stones which caused the water to collect so start the wheel of the Mill worked in it and thus decreased the power.

I have ascertained that the Road at present in use to the punt by the side of the Mill is private property being part of the Mill Premises the Grant? From the Crown has

P109

Has been referred to and there is not any right for a road though the property to the South Esk River. Mr Yates will enter into a contract to supply water not including cartage at 1/d? per ton c/f 250 gallons which is the same rate which he is paid for by the shipping. I enclose a memo? Which I have procured from the supert. of convicts showing the number of men &carts employed in drawing water to the several departments and the quantity of each.

The marine department (which is convict?) that mentioned in this memor is supplied by means of a Floating Lamp? Worked by three men to the full of the South Esk River these filled and then moved? In the North

P110

Esk off the Marine Station 40 gallons is about the daily consumption.

It thus appears that 205 gallons are daily required for the Coln. Depts.

1115 “ “ for the convict Departments.

Making a total of 1320 gallons.

It is my opinion that if an agreement is made with Mr Yates from the facility thereby afforded in filling the carts the ten men and two? carts without the Tunk? Could supply the whole of this quantity and the coast as I estimate it would then be thus

10 men rations cloths & c 1/- each per diem : 10 :

Water as above at Mr Yates price say (5/4) : 5 :

Per diem : 15 : 4

I estimate that the cost of supply by contract including cartage would be thus

Water at 1/3 per load of 150 gallons for 1329 gallons? Say

: 11 :

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This last estimate I make upon the pounds that the House of Correction for Females and the Hospital are supplied by a contractor at the price of 1/- per 150 gallons.

The quantity daily supplied at the H.C. for females is 1543 gallons and at the Hospital 450 gallons.

I allow 3d/ per load in addition to this contract price because the distance to some of the departments is greater –

A saving by the last method would accrue to the Govt. c/f 4/4 per diem and I think it not improbable that the contract would be taken at less than 1/3 per 150 gallons.

P112

22 April 1843

The Colonial Secretary

Report upon supply of water to public establishments

P113 [1843 – in pencil top right]

The statement of Sarah Ann Whistlecroft who deposeth and saith,

It was that old shoemaker (looking at James Jewcombe/Stewcombe? that hurt me).

I do not know when he put his cocky to my cocky and hurt me – he said nothing when he did it – Nobody ever did the same to me as he did – Mother was out when he hurt me – I was in his place when he hurt me. Mother told me to go there. I was at the fire when he did

P114

It – he did not put me in the bed he had me in his lap – I did not see his cocky – I did not know it was his cocky that hurt me until I told my mother when I was on Jimmys lap he had his trowsers on – they were buttoned – he unbuttoned them – I did not see him unbutton them – Jimmy put his cocky into my cocky.

Taken before me at Launceston this nineteenth day of July 1843 in the hearing of James Stewcomb/Hewcombe.

William H Sorell?/Bretts?

H O’a _______ ? JP

P115 [1843 in pencil top right]

£1980 –

Government Order

Colonial Secretary’s Office

5^th December 1843

The Lieutenant Governor directs the assembling of a Board to consist of

The Commandant of Launceston

Chairman

Philips Oakden Esq

The Surgeon of the 96^th Regiment

Wm Henty Esq and

L.W. Gilles Esq members for

P116

The purpose of enquiring into and reporting upon the state of the Female Factory at Launceston in accordance with the Instructions of the Right Honorable the Secretary of State as conveyed in the Despatch No 176 dated 25^th Novr 1842 and His Excellency further directs that any three of these Gentlemen shall be competent to act and make a Report on the present state of the factories at Launceston

P117

And to endeavour to ascertain the practicality even in their present crowded condition, of improving the classification and effecting a more complete separation between those who may seem wholly irreclaimable and those of whom better hopes may be entertained.

By His Excellency’s Command

J.E. Bicheno

P118

Colonial S____ts?

Relative to appointment of board

21^st Nov 1843

p119

£1980 –

The Commandant

Launceston

Colonial Secretary’s Office

15^th December 1843

Sir,

I have the honor to transmit to you for your information and for the guidance of the Board appointed to enquire into and report upon the state of the Female Factory

P120

Launceston Copy of the Right Honorable the Secretary of States Despatch of the 25^th November 1842.

I have the honor to be

Sir,

Your very obedient servant

J.E. Bicheno [signed]

P121

£1980 –

Lieut. Col. Camberlain

Commandant

Launceston

Colonial Secretary’s Office

8^th March 1844

Sir,

The Lieutenant Governor have expressed a wish to be furnished with the result of the Board enquiry relative to the Female house of Correction at Launceston I have the honor to request that

P122

The Board will forward their Report with as little delay as possible.

I have the honor to be,

Sir,

Your obedient servant

JE. Bicheno

P123

Commandant’s Office

Launceston 18^th Dec 1843

Report of Proceedings of a Board assembled this day at Launceston pursuant to Instructions received from the Colonial Secretary at Hobarton bearing date 5^th December 1843

Present

Lt? Colonel CB Cumberland

-Chairman

Members:

Philips Oakden Esq

William Lucas Esq Lawyer? Qb ??

William Henty Esq

LW Gilles Esq

As the commanding office [left margin]

The Board having assembled proceeded to read the letters of 5^th and 15^th December of the Colonial Secretary an the dispatch of the Right Honorable

P124

Lord Stanley to Sir John Franklyn the Lieutenant Governor of Van Diemen’s Land bering date the 25^th Nov 1842.

From the tenor of these letters and this dispatch the Board proceed to make all enquiries and personal inspection to endeavour to ascertain the practicalities even in their present crowded state of imposing the classification and effecting a more complete separation between those who may seem wholly irreclaimable and those of whom a better life may be entertained.

The Board proceeded to the Factory without notification of their intentions with the view to find matters in their daily ordinary state.

On going over the several apartments and heads? Of the factory? The board haveth satisfaction to report that they found there in a perfect state of cleanliness and good rides? A plan of the builds was laid before the board, copy of this it is proposed to apprehend to this report.

As to the present state of the factory –

the Board ???????? ????????? ???????? to report that they found the pairds? And aprtments occupied by the female prisoners in a perfect state of cleanliness. A plan of the building was found before the Board Copy of which it is improper to attend? To these repairs? – the Board find the factory? Occupied by 185? Adults and 26 children – there are eight cells soliciting? But not silent???

It appears that the goods object to the unfinemus and will less of the cash in the lomes??? Is to fields devise a plan of letters, disease and classification of the fields Perciners and allotments and promising of boot/book? And employment of which at present there is no entitled place on sufficient scale.

21^st Decr 1843

The Board Assembled at the factory and took down the evidence of another? Guidelines as recorded on sheet no 1.

28 Decr 1843

The Board assembled at the factory and took down the evidence Mr Pearson the resident Superintendent of the establ.

4th Jan 1842

The board assembled at the factory and interviewed the examinate of Mr Pearson the minutes of which were taken down in writing.

P125

8^th January ???

Pulled to Claunia and Dr Lucas shop>>>>> part of the evidence of W Pearson and that of mr Rob Bike? Presents? Dr Lucas v? Charmine?

11^th January

The Board assembled at the commandant’s office and proceeded to examine and take down the evidence of Dr Benson? –and Desired Dr Brown present chairnman Dr Lucas Mssrs Henty and Palden?

15^th January

The Board assembled present: Durmia?, Mr Lucas, Palden, Henty, & Atkinson – proceeded to examine the issues and the? Led? Dr Browne

18^th January

The Board assembled at the Factory – present: chairman Mr W Henty and Atkinson. The board examined and inspected the whole of the build of the female factory.

22^nd January

The Board assembled all present. The board proceeded to pame? Its report in the actual state of the Factory.

25 January

The Board assembled at Commandant’s Office all present. The Board called in the Superintendent and consulted him relative to the efficiency? Of the compastuinets? Of the factory? And continuation of Dr Benson’s evidence.

29^th January

Report commenced, present: Mr Henty, Cumbeach, and Lucas meeting adjourned until following day.

30 January

Present Mssrs Henty, Lucas, Atkinson, & chairman constumatic of Report

P126

8 Feb

re meeting. The Board did not assemble in indulgence of mr Henty’s absence in Hobart Town. The chairman marked off proposed attentions on plan.

12 February 1844

Assembled Mr Lucas, and chairman consulted with Captain Gardiner on proposed att?

15 February 1844

Assembled chairman marked of proposed alterations.

19^th February

Board Adjourn

26 February

Board assembled and proceed to pauce? Report.

P127

COPY

[to]

Lieut Governor

Sir John Franklin

No 176

Downing Street

25^th November 1842

Sir,

In my dispatch of this date No 175, I have communicated to you very fully the views of Her Majesty’s Government as to the future conduct of the system of Transportation in reference to male convicts. An equally important and in some respects, a more difficult subject, is the application of the same sentence to the cases of female Convicts.

P128

The difficulties are greater, inasmuch as those with whom we have to deal are in general fully as depraved as the male convicts, while it is impossible to subject them to the same course of discipline; and thus no alternative seems to be left, but either to detain them in actual confinement , or to permit them to enter, in some mode or other, into the mass of the population, where the knowledge of their former character subjects them to continual degradation; – and having neither sound

P129

Principles, nor feelings of self respect, to protect them, and surrounded by peculiar temptations, arising out of the peculiar state of the population, it is hardly to be wondered that they become, with few exceptions, at once reckless and hopeless, and plunge deeper and deeper into misery and crime –

Looking to the alarming disproportion which exists, and must continue to exist, in Van Diemen’s Land, between the sexes, it would obviously be the policy

P130

And the wish of the Govt. to carry into actual execution the Sentence of transportation on females as Generally as possible; but I cannot but feel that the Govt. are bound, at the same time, to give to these unhappy beings every chance for reformation and that they incur a serious responsibility by inflicting upon them a sentence which rather furnishes additional incentives to vice, than encouragement and facilities for reformation; – and I am compelled to express my fears that female transportation, as it has hitherto been conducted

P131

Has partaken more of the former than the latter character.

According to the present system, it appears that, on the arrival of a female convict ship, notice is given to parties desirous to apply for assigned servants; and that the females so applied for are immediately transferred to the service of their employers, while the remainder are detained in the female Factory.

It may appear extraordinary looking to the great scarcity of females, and the great demand for their services in Van Diemen’s Land, that there should in ordinary circumstances, be any “remainder” left

P132

Upon the hands of the Govt. , – yet I am informed, that not only is this the case, but that great difficulty is experienced in disposing of these females. – If this be so, it is a fact which marks most strongly the general feelings of the population, and the almost inseparable difficulties with whih these poor creatures have to contend in the attempt, if ever made, to return to a better and more respectable line of life. –

The system of assignment in regard to male convicts has been loudly and unequivocably condemned; I confess I think myself, too loudly and too indiscriminately, though I

P133

Am not insensible to the many and obvious objections which may be urged against it. – But whatever these objections may be, they apply with at least equal weight to the case of females, aggravated, as it seems to me, by other and peculiar objections which will readily suggest themselves. – I have no doubt that the local Govt. do their utmost to throw the shield of their protection around these women; – but the difficulty of obtaining admission for them into respectable situations is notorious , and, assigned to the less scrupulous and less moral portion of the Community to suppose that they must

P134

Be continually exposed to criminal solicitation, to grievous oppression, and often to personal violence; while from their previous character, little confidence is place or can be placed, in the truth of their complaints, if they should venture, or be disposed to complain to superior authority. –

Yet I am unwilling to believe but that, even among these women, there are some, perhaps even many, who may be capable of better things; on whom instruction, care superintendence, and, above all, the stimulus of hope, might work beneficial effects, and make their sentence, instead of being a curse to themselves and to

P135

The colony, contributory to the advantage and benefit of both.-

But in anxiously considering this question with my colleagues, we are decidedly of opinion that no real amount of good can be effected, without putting an absolute stop to the system of assignment of females; and I am there fore to convey to you the instructions of Her Majesty’s Govt. that you do not permit the future assignment of any female convicts who may arrive subsequent to the receipt of this dispatch, or who may not have been already assigned.

I am aware that this may occasion, in the first instance, some, and perhaps a considerable increase of expense; – but Her Majesty’s Govt. are

P136

Of opinion that the interests involved are too important and too urgent to allow such considerations to interfere with the immediate adoption of a system recommended by motives of justice and humanity. –

You will therefore consider yourself authorized, in respect of Females who may hereafter arrive, either to hire buildings for their confinement and superintendence, apart from those who are already in the Colony, or, if that cannot be accomplished at a reasonable expense, to detain the convicts ship in which they may arrive, and in which some arrangements will have been made for their classification, and to allow them to remain on board until you shall,

P137

Be able to effect some more permanent arrangement.

All accounts which I have received, concur in representing the state of the female factories at Hobart Town and Launceston as exceedingly discreditable; – as crowded to such an extent as not only to have rendered it necessary to abandon all attempts at employing the greater portion of the prisoners, – but as defying all classification and subjecting every class of offenders to the contamination of mutual bad example, in rooms so crowded, that, according to very highest authority, it has occurred, that the whole of the Prisoners have been unable to lie down at one time, and

P138

That a portion have been kept standing while others rested.

In these factories are confined convicts who are unable to obtain assignments, together with those who have been return from assignment for the purposes of punishment, and those, who, being with children from illicit connexions, are thrown back on the hands of the Govt, and who, after their delivery, and being attended to at the Public Expense, again go forth, leaving their children a burden on the Public, through the whole period of infamy and childhood, to return again, in many cases under similar circumstances.

This is a system which it is necessary altogether to remodel, while

P139

It continues; – the evil which it engenders is constantly perpetuating and increasing itself – the respectable person will take a servant out of such a school; those who go out from it, go out to all sorts of temptations and vice – and again return, adding, by their numbers to the crowds which render discipline impossible, – and by their language and example, to mass of vice which prevents the inmates from being healthily absorbed into the population. I proceed to state to you the manner in which Her Majesty’s Govt propose to deal with a state of things so fearful, and requiring so urgently a prompt and effectual remedy.-

It is our intentions that measures should

P140

Be adopted, with the least possible delay; for the construction in a healthy situation, inland, and at a distance certainly not less than 20 miles from Hobart Town, or a Penitentiary upon the most approved plan, capable of containing at least 400 female prisoners,- Instructions have been given to the Inspector of Prisons in England to prepare the plan of such a building, which will be constructed at the expense of the Home Govt. Immediately on the receipt of this dispatch you will in concurrence with your council, institute enquiries as to the lest site for such a prison, – taking into consideration the healthiness of the situation, constant

P141

And easy access to good water, facilities of transport of building materials and especially in the neighbourhood of stone and timber; – but above all, the former. When, in conjunction with your Council, you shall have decided on the site you will immediately report to me your selection and the reasons which have influenced you in making it; – but you will not think it necessary to await any approval before you commence such preparations as do not require that you should have the plan before you. – It is necessary therefore that I should impress upon you the propriety of well considering every circumstance, before you incur the responsibilities of making a selection on

P141

Which so much depends. –

When you shall have decided you will communicate with the Director of the Probation Gangs, and remove thither as large a number of convicts as can be safely housed, and usefully employed, and occupy them in felling timber, quarrying stone, and all the more laborious work which will be required for the construction of the new Penitentiary.-

When the plans shall have been furnished to Her Majesty’s Govt, and approved by them, they shall be sent out, together with such persons as it may be thought proper to select here, for the purpose of superintending their execution.-

To this Penitentiary, when completed, it is the intention of Her Majesty’s

P142

Govt. that every female convict on her arrival, without exception should be sent for a period of not less than six months.

It is hoped that considerable improvement has of late taken place in the management and discipline of female convict ships. It will be the endeavour of Her Majesty’s Govt still further to improve the reformatory system on board, and to continue it, and keep alive the good feelings which it may have produced, after the arrival of the convicts on shore. I shall, in conjunction with the Secretary of State for the Home Dept. endeavour to engage the services of competent person to undertake the superintendence of this new establishment, who will be furnished with

P143

Detailed rules for their guidance, and for the conduct of the penitentiary, in which we shall endeavour, as much as possible to surround the convicts with attendants of their own sex.

I have already stated to you the intention of Her Majesty’s Govt. to apply to Parliament without delay for an amendment of the Act 2 and 3 w 4 which has hitherto prevented the issuing of Tickets of Leave to Female Convicts, until the expiration of a considerable period of their sentence, Ive propose, when that act shall have been amended, that any female convict who shall have conducted herself properly on board ship, and during the six months of her imprisonment, shall obtain, not a Ticket of

P144

Leave in the first instance but a probation pass, upon the same principle which I have already explained to you in reference to the male convicts, – that the contract observed shall be entered into t the Penitentiary itself, with the consent of the convict, and subject to the approbation of the Governor – It will be expected that, in all cases, the employer should be bound to afford to the convict his personal protection in removing her to the place of her service. –

During the whole period of the six months, constant reports will be made and retained as to the conduct of the prisoners;- and no prisoner will be allowed the privilege of a probation pass, unless he conduct, on the whole, shall

P145

Have been satisfactory.- It may be superfluous for me to add, that it is intended to regulate the gradual advance of the female through the stages of probation passes and Tickets of lave, on the same principle, which are directed to be applied to make convicts; – with same inducements to good conduct, and similar penalties attached to bag, during each stage of the process. –

It is hoped and believed that, by regulations such as I have described an incentive to good conduct will be held out to the convict from the very first, in the hope not only of escaping from the coercion of prison discipline, but in that which she can hardly have in any case

P146

Under the present system of redeeming her character, and being readmitted, after a graduated system of probation, into respectable and virtuous society. –

Ive hope also that the knowledge of these precautions on the part of the Govt. will tend materially to diminish the reluctance of respectable colonists to engage the services of female convicts, – a reluctance which it is obvious, on the present system, nothing but absolute necessity can overcome, on the part of any persons with whom it can be desirable to place convicts.- We are rather led to indulge this hope, because we are informed, on the high authority of the late Colonial Secretary, that there is even now no difficulty in obtaining employment for females with Tickets

P147

Of Leave, and that the instances are very rare indeed in which Tickets of Leave have been again forfeited by females who have been fortunate enough to obtain them.

However, painful may be the condition of those unhappy women who may now be undergoing the sentence of transportation I feel in absolutely essential to the hopes of success under the new system, that no transfer should take place from the existing factories to the intended penitentiary; – at the same time, I am very anxious that the inmates of the former should not be left in their present hopeless condition; – and I have therefore to instruct you to cause immediate enquiry.

P148

To be made into the present state of the factories, both at Hobart Town and at Launceston, and to endeavour to ascertain the practicability, even in their present crowded condition, of improving the classification, and effecting a more complete separation between those who may seem wholly irreclaimable, and those of whom better hopes may be entertained. You will be authorized to hold out to the latter, and even to the former the hope that , when the law allows it, probation passes, the nature of which you will cause to be explained to them, may be indulgences and still more the higher one of Tickets of Leave, will be

P149

Dependent wholly on their own conduct, and on their ability, consequent on such condict, to obtain employment.

If you shall succeed by these means in diminishing the existing pressure on the factories, you will endeavour, by improved arrangements, to make them, what I fear they are not now in any degree places at once of punishment of employment , and of reformation; – and you will constantly bear in your own mind, and endeavour, to impress on those of the convicts, that while the degradation of assignment is finally put to an end to, the privilege of employment in private service can only be the consequence

P150

, the reward, and encouragement, of good conduct.

When the new system shall be in operation, it is to be understood that the penitentiary about to be built, is to be devoted exclusively to the newly arrived;- that the places of punishment will be the factories;- and that those, who having obtained probation passes, or Tickets of Leave will if they forfeit them be returned, not to the penitentiary, but to the severer discipline of the factory,- for the regulation of which in such a sense it ill be necessary to provide.-

Under the system which we propose, it is calculated that six hundred

P151

Females annually maybe expected to pass through a penitentiary capable of containing four hundred at one me; – and should it happily succeed, as , with God’s Blessing, we may reasonably hope that it may, he Govt. will ct on the principle of carrying into effect almost universally the sentence of female transportation, in the belief that, by so doing under proper restrictions, they will be conferring a benefit on the Colony, at the same time that they give to the convicts themselves the best prospect of regaining character and station both of which, in this country, would be wholly hopeless, and, I fear, at present even

P152

Moreso in van Diemen’s Land.

I have not entered , in this dispatch, into minute details. – I have rather desired to put you fully in possession of the views and intentions of Her Majesty’s Govt. as to a system which cannot be brought into immediate operation, but for the adoption of which it is desirable

That immediate preparation should be made; – and I feel assured that the vital importance of the subject will render it quite unnecessary for me to comment it to your immediate and anxious attention.

I have & c

(signed) Hanley

p153

Launceston Factory proceedings

P154

Sc No1 Copy

Launceston Juny 23^rd 1843

Sir

By this day’s mail I have addressed a letter to the government on the subject of the work now in progress in front of the Gaol and Factory by the Gange under your charge and as it is very doubtful whether injury instead of benefit might not accrue from its completion vz whether without the sanction of the Government. You are authorized to alter the works of your predecessors. I have the honor to request that you will cause the work in question, scarcely? In part of the Gaol and factory to be suspended until the will of His Excellency the LIeut. Governor be made known to send? Whether or not he deemed it advisable that the court? should be proceeding forth>

I have &c

Signed Edwrd St Shaun

Major & Commandant The Town Surveyor

(no 2)

p155

(no 2)

Town Surveyor’s Office

23 Jany 1843

Sir

I have the honor to state that I have this ???? received a communication from Major St Shaun in his capacity as Commandant respecting the work the Town Surveyors party have been engaged upon for some weeks past in compliance with the directions of the Police Magistrate to render Patterson St complete, (I have as the Pol’e Magistrate is absent on leave) in furtherance of the wish of the commandant suspended the work, and have to request that surveyor general may be instructed to direct the resident officer, of the department at Launceston or some other competent person to inspect and report on the work in question as I feel satisfied that the same is not only free from causing either directly or remotely any injury but will be found most beneficial in its object and results, it being the greatest thoroughfare in Launceston.

I have &c

Signed

L?H Moore

(No 3)

The Colonial Secretary

P156

To: The Police Magistrate

Town Surveyor’s Office

Launceston 24 Jany 43

(no 3)

Sir,

Herewith you will receive copies of a correspondence originating with Major St Shaun? The “Commandant of Launceston” respecting work there being executed? By the Town Surveyors Party in Patterson street, which time would not permit being prepared and sent to you for your information before port? Swan? Yesterday. I shall merely observe that altho’ you will perceive I pledged myself in my letter to the commandant not to allow any fresh portion “of the street being altered the Commandant nevertheless thought proper to go to the works after he had received my letter acquainting him that it was under your directions. I was acting and prevent the removal of the surplus stuff which had been previously raised by ordering of the horses and cart of those persons who voluntarily furnished them in aid of the work then in progress, – which is much to be regretted as those parties may not be again induced to render such essential voluntary aid the labour of removing the surplus

P157

Soil there being valuable both as respects time and vast suornig? of Prisoners labour by the sand? Carts, which such voluntary contribution of the Horse carts displaced –

The authority under which I complied with the commandant’s request to suspend the work in question is contained in a letter addressed to me by the Colonial Secretary of hich the following is an extract –

2 1124 16^th Sept 1842

With regard to that portion of your letter addressed to the Police Magistrate in which you complain of the interference of Major M Shaun I am to acquaint you that it is incumbent on you to pay due attention to those instructions of Major St Shaun? Which His Excellency may have entrusted to him as the Commandant of Launceston.

I have & c

Signed L?H Moore

(no 4)

p158

(no 4)

Copy

I beg to forward these papers for the information of the chief Police Magistrate the work in progress by the Town Surveyors Party is a most excellent improvement in my opinion, I am not aware to what extent the Commandant is authorized to interfere with the Town Surveyors Gangs but I have before me a letter to the Pol Magt from the Coln Secy dated 20 Sept 42 marked LH24 wherein it is stated that Mr Moore was directed implicitly to abide by the instructions which the Pol Mag might issue – it does not however contain the communication created? By Mr Moore from a letter from the Coln Secy of the same mark and date! How if/is? Major St Haun? If justified in the step he has taken it would seem that both the PM and Town Surveyors must be under his control and that it will become necessary for the PM before giving any orders to submit them for the approval of the commandant – In my humble opinion a great injury has been done by stopping the work in a thoroughfare where upon the average 350 resides pass in a day and independent of my own judgement I am credibly informed that no danger whatever exists in regard to the factory and gaol to the completion of the improvements in question.

I transmit this correspondence to the CPM because it appears to me to mode? a question of interference with the Police which cannot I think work? Beneficially to the public service.

Signed

A Gardiner

APM

20 jany 43

(no 5)

[unreadable word bottom left]

p159

[crossed out corrections to letter that is on other side – p 158]

p160

(no 5)

Copy

TS Office

Launc

28 Jany 1843

Sir

With reference to my letter under date? 24 instant transmitting copies of correspondence with the Commandant of Launceston respecting the work then in progress under your directions opposite the gaol and female factory but which has been suspended at the instance of the Commandant. I was ? now to submit to you an official note pour? Jas. Scott Esq Surveyor at Launceston whose professional opinion I trust will set aside all doubt of the utility and necessity of the completion of the work in question – And as I apprehend / should a change of weather take place/ that a weeks delay now might throw the work into that state as would cause such an excess in expenditure of labor, materials and consequently time as most materially to interfere with if not totally interrupt the completion of the other works you contemplate being done – I am to request your instructions at your earliest possible convenience.

I have &c

Signed

J?B? Moore

(no 6)

to: The Police Magistrate

p161

(no 6)

Copy

Launceston 27 Jany 1843

Sir,

In answer to your letter of the 24^th inst. Requesting to have my opinion of the work now in progress under your directions on Patterson Street opposite the jail and Female Factory – Having examined the same in your presence. I beg to state that in my opinion the same is both judicious and beneficial and when completed will be a very great improvement to that part of the street and render that approach to be town to be much easier than it is at present.

I have & c

Signed James Scott

LH Moore Esq

(no 7)

(Copy)

I beg to forward these papes in reference to my communication of the 26 inst., it is of importance that the work should not be any longer delayed – the street as it is now left is in a dangerous state.

I have &c

Signed

A Gardiner

Acting Pol Mag

30 Jany 1843

The Chief Police Magistrate

(no 8)

p162

No 8

Major St Haus? Letter to colonial Secretary referred to Police Mag. For his reports.

The Lt Governor approving of the suspension of the work until the same? Was received and his decision made known. –

Received 1sr Feb 43 form?

Colonial Secretary

P163 *[inserted ¼ of page piece of paper]

I have instructed Lt? Moore not to reduce the earth next the walls in the least degree

And the formation of the postway next to the gaol wall at one end will cause an addition of earth, at the other end it will remain at its present height. I am not…

P164

*[inserted ¼ of page piece of paper] – red dot seal on back of this slip of paper].

No 9.

Copy

Polie Office Launc

2^nd Feby 1843

I have the honor to acknowledge the receipt of the papers accompanying your minute of the 31^st inst and marked as per margin

I am of opinion…

P165

[red dot seal on top of the page]

No 9

I am of opinion that the work referred to in that correspondence should proceed with as little delay as possible – I forward Mr Parkers/Packers report upon the subject of danger to the gaol and female factory wall *

I must beg to confirm the opinions expressed and the observations made by the Magt acting during my leave of absence relative to this subject upon the papers which were forwarded to the Chief Pol Magt on the 26 and 30inst. Particularly with regard to the two letters from the col secry dated 20 Sept 43 amounted £1124 I have been hitherto altogether in ignorance of the real nature of the letter addressed to Lt Moore upon that occasion.

[behind bottom slip of paper]

If it was in strict accordance with the letter? Then addressed to me of course was my conclusion? Extremely? Regret now to find that it was otherwise and that in fact my acts? Have been rendered subject to the control of another public office without my hearing any knowledge that

Colonial Secretary

P166

Such was the case – Should his Excellency the Lt Governor deem it shall ? necessary to vest any power or interference with the Town Surveyors’s Gang in two persons. I must very respectfully request that I may be relieved from the duty of Superintending that party at the same time I beg you will assure His Excellency that it is my sincerest desire on all occasions to forward the objects of the Govt. but I conceive it to be not only difficult but almost impossible for the duties of the Town Surveyor’s Department to be properly carried out if such interference be allowed on the part of the Commandant at Launceston as has been experienced in the pressed instance in abruptly putting a stop to the works in Patterson St.

I have &c

Signed

WH? Breton?

P167

Tim did not admit of a copy being taken of Mr Packer’s report –

It was to the following effect.

If the earth is removed from the gaol wall it would certainly endanger it but if the improvement is carried out as represented by the town surveyor viz not to lower the side of the street next the gaol and factory there will be no danger to the walls.

P168

£1433

Colonial Secretary’s Office

3^rd January 1843

Sir,

I am directed to acknowledge the receipt of your letter of the 2^nd instant to an alteration in the road in Paterson Street which has been commenced by the Town Surveyor and I am to acquaint you that the Lieutenant Governor approves of the work being proceeded with, care being taken not to lower the side of the street adjoining to the gaol and factory so as in any degree to endanger the safety of the buildings.

I have the honor to be

Sir,

Your obedient servant

J Moores

The Police Magistrate

Launceston

P169 [back of p168]

Copy of minute forwarding the copy of this letter to the Town Surveyor

4 th Feb 1843

This copy of a letter from the colonial secretary is forwarded for the information and guidance of the Town Surveyor who will be pleased to pay practical attention to the latter portion of it.

Resigned

MH Breton

P169

Jany 7 – Feby 2 ‘43

Correspondence

Town Survyor

Colonial Secretary

Commandant

Work in Patterson street.

P170

Colonial Secretary’s Office

8^th August 1843

Sir,

I am directed to acknowledge the receipt of your letter of the 3 instant in reply to my communication of the 1^st relative to an alleged refusal on your part to hold an inquest on the “Body of a Young Lady” who may?

H? St Breton Esq

Coroner

P171

said to have died mysteriously and to acquaint you that the Lieutenant Governor has expressed his approbation of the course adopted by you on the occasion alluded to.

I have the honor to be,

Sir,

Your obedient Servant

J.E. Bicheno

P172 [back of p171]

8 Aug 43

Colonial Secretary

Relative to an alleged refusal

To hold an

Inquest

P173

[to] H st Breton

Launceston

Colonial Secretary’s Office

10^th October 1843

Sir,

In reply to your letter of the 5^th instant, I am directed to acquaint you that the ? William Fletcher whose name appears in the list of Magistrates published in the Government Gazette of the 29^th ultimo

P174

Is not the gentleman to whom you allude, but that the Lieutenant Governor will be happy to avail himself of your recommendation in favor of JW? William Fletcher of Launceston by placing his name in the Commission of the Peace.

I have the Honor to be

Sir,

Your obedient servant

J.E. Bicheno

P175

10 Oct 1843

Colonial Secretary

Mr Wm? Fletcher

Will be placed in the Commt of the Peace

P176

[to]

Police Magistrate

Launceston

Colonial Secretary’s Office

10 December 1846

Sir,

I have the honor to inform you that His Excellency has decided that the course formerly pursued in issuing Deeds of pardon to convicts entitled to them, shall in all future applications be reverted to viz that the personal description of the convict, and the fee of 3/6 for registering the Pardon shall be forwarded by the Police Magistrate of each District before any Deed of Pardon will be issued but instead of

P177

Being transmitted, as formerly, to the office of the registrar of the Convict Department they must be sent to this office from which the pardons issue.

I have also to inform you that I cases where the holder of a Deed of Pardon applies for a pardon with extended conditions, a fee of 2/6 is to be demanded, and also forwarded to this office with the Deed in questions.-

I have the honor to be

Sir

Your obedient servant

J.E. Bicheno

P178 [back of p177]

10 Dec 1846

5/6 to be forwarded ? applications of C.P.

& 2/6 for extended

documents.

P179 [nb: the letter ‘c’ in handwriting below resembles a contemporary @ symbol]

[little stamp top left corner:

RECEIVED

Colonial Secretarys

Office

December? 14 1847

No. 693

Submitted to the Governor with the remarks of the Police Magistrate of Launceston J.E.B.

Jan? 10

To Sir Thomas William Denison K L/U

Lieutenant Governor of Van Diemen’s Land

&c &c &c

The humble Memorial of the Licenced Waterman of the Port of Launceston,

Respectfully Sheweth.

That Memorialists are legally licenced to ply on the river Tamar, and that the fares charged by them are regulated annually by the Court of Quarter Sessions.

The Memorialists have been informed that boats belonging to the Public Departments are not permitted by your Excellency to be employed in any manner to interfere with Memorialists in their occupation of Licenced Watermen.

That notwithstanding such Orders from Your Excellency’s Memorialists suffer very materially in consequence of Boats in the Marine and Custom’s Departments, making a practice of taking passengers to and from the wharf to the Shipping and about in various parts of the river.

Memorialists therefore most respectfully pray Your Excellency to issue such presumptory? Instructions as will effectually prevent the continuance of the practice complained of which deprives Memorialists of their legitimiate trade and subjects them to serious pecuniary loss.

And your Memorialists

As in duty bound

Will ever pray

William Wilkinson [signed]

Edward Theosophilus esq ?

Edward Corney

Anthony Colvin?

David McCole

P180

[back of p179]

There can be no objection to an officer giving a lift to a friend but the crew should not be allowed to ply – orders to be given to that effect.

Answer Memorialists immediately

Will the Police Magistrate at Launceston make the gentlemen connected with the customs and marine depts. Acquainted with the Lieutenant Governor’s wishes on this subject, ??? ??? ????

J.E.B.

B Jan 7 1848

P181

W Tarleton Esq

The Govt Board of ??? July????

P182

13 Jany 1848

Col Sectry

Licenced Boatmen

Compt of Customs

Boat

P183

C 371

[to] Police Magistrate

Launceston

Colonial Secretary’s Office

2^nd March 1847

Sir

I am directed to acquaint you that the Lieutenant Governor has had before him certain papers connected with the permission given to Murray and Co to construct a tank upon the wharf at Launceston upon payment of a small annual rent.

His Excellency has also had before

P184

Him a representation that the firm of Murray and Co does not exist – that Murray is dead, or has, at any rate, left the colony; – and that the person who holds the interest in the tank is a man named Ackerman a convict clerk in the Post Office. –

Under these circumstances I am to request that you will obtain all the information in your power as to the existence of this partnership and report the result of your enquiries to enable His Excellency to

[Right margin in pencil: Murray & all his family left the colony ?? is reporte he is dead? In New South Wales…. Ackerman sole aostenicble? Proprietor]

p185

decide upon certain matters submitted to him in connexion with the subject.

I have the honor to be

Sir

Your very obedient Servant

J.E. Bicheno [signed]

P186

2^nd? March 1847

Col Sectry

Ackerman and

Murrays Water

Tank

P187

C371

[to] Police Magistrate

Launceston

Colonial Secretary’s Office

11^th March 1847

Sir

With reference to your letter of the 6 instant, reporting the result of your enquiry as to the existence of the firm of Murray and co – I am directed t acquaint you that the Surveyor General has been instructed to give 24 hours notice to Ackerman to remove the Tank, and I am to request that you will

P188

Inform that person that his employment in a public office precludes him from engaging in any such matters as have now been brought under His Excellency’s notice; and that if he wishes to retain his situation he must cease to do so.

I have the honor to be

Sir,

Your very obedient servant

J.E. Bicheno (signed)

P189

11 March 1847

Col Sec

Ackerman’s

Tank to be

Removed

P191

date	Name and condition of party accused	Nature of offence	How disposed of	remarks
April 1847	Michael Casey Pr,British Sovereign Ticket of Leave	Assault with intent on femaleChild 4 yrs old	3 yrs in chains at PortArthur & 50 lashes	According to the evidenceIn this case the completionOf the crime was onlyPrevented by theAccidental presence Of the father of the child In ??? adjacent to which The attempt was made
May 1847	Owen Coyle PRRichard Webb Ticket of Leave	Ditto about 7	Committed butDischarged by theAttorney General to beticsummails? AtWestbury
June 1847	George Neil? PrAsia 4 Conditional Pardon	Rape on child	Capitally convictedAnd sent to NorfolkIsland	In this case the childCaught venerealDisease from thePrisoner which led toHis discovery
July 1847	Jno Kelly prJupiter Passholder	Sodomy with male adult	Acquitted of capitalOffence. 9 months toPort Arthur for theassault	This offence occurredat the L Barracks on theperson of a soldier
Novr 1847	Geo Neale prSt Bodington Passholder	Assault with intent on malechild	18 months hardlabour in chains
Dec 1847	Fred Dring prLayton 3 Ticket of Leave	Attempt at beastialitywith a Bitch	9 months to PortArthur
Jany 1848	unknown	Assault with intent on femaleChild of S/J Hunter		There is little doubt thatThis capital offence wasIn this case completedThe parents howeverRefused to give the Police any account of The matter. The neigh- Bour from whom the Information was derived Was not in possession Of the particulars.
March 1848	William BellMarion passholder	Assault with intent on a femalechild	18 months in chains
P190March 1848	unknown	ditto	Not sentenced.Supposed to haveEscaped from thecolony	Warrantsissued
May 1848	unknown	Ditto of F. Newell	——	In this case the partyattempted to take thegirl into an empty househaving previously takendisgusting liberties with her he was however disturbed and foiled in his purpose by the sister of the child.
June 1848	unknown	Sodomy with female child of WBeecroft	———	The evidence of thesecasesHas been furnished toHis Excellency
July 1848	Wm Barnes? Tortoise Passholder	Assault with intent on a femaleChild of L Peat	Sentenced PortArthur	The evidence of thesecasesHas been furnished toHis Excellency
July 1848	Henry ShackGovernor Ready FS	Sodomy and rape on a femalechild	Discharged by theAttorney General toBe reformed??	The evidence of thesecasesHas been furnished toHis Excellency
July 1848	Unknown	Assaulted with intent on maleChild of J . West		Particulars not known

copy

I wish to ascertain Wm Tarleton’s opinion as to the frequency of crimes of this description – whether he considers that many offences of this description are committed upon individuals who do not apply to the police?

[signed] W.D. 15 Sept. 1848

p191 [a5 page insert between p189-190]

no 2221

[to] The Police magistrate

Launceston

My dear Sir,

To save tie I send you a minute addressed to me by the Lieut Governor and by you will favor me with the information requested in it at your very earliest

P192

possible convenience.

For the same reason I have not forwarded it through the Chief Police Magistrate.

Your very sincerely J.E. Bicheno

15 Sept. 1848

p193

48 Secry

term? Of unnatural? Cases

p194

[to] Police Magistrate

Launceston

No 3299

Colonial Secretary’s Office

22^nd June 1849

Sir,

The Lieutenant Governor has had before him a letter from Mr W R Pugh, soliciting the privilege of receiving into St John’s Hospital at Launceston a certain number of pauper patients, to be paid for by the Government, at the same rate as is charged by the Commissariat for the treatment of paupers in the Convict Hospital.

His Excellency is willing to accede to this proposal; and I am to request that on receiving the Lieutenant Governor’s approval of any application from destitute persons for

P195

Medical treatment, – but being lunatics, or labouring under incurable diseases, – you will forward such person to St John’s Hospital, taking care, however, not to exceed the number which can be accommodated therein, for under any circumstances beyond ten. Of this fact you can inform yourself by a reference to Mr Pugh.

Mr Pugh will probably desire that the payments on this account should be made monthly, and it will be desirable that a nominal return of the pauper patients admitted, showing the periods during whch they have been severally received medical treatment, should be made out by him and furnished to you, and that you should certify to the correctness of the return after a personal inspection of

P196

The Hospital books. By these means a check will be kept on the accounts sufficient to satisfy the Commissioners of Audit in England.

I have the Honor to be

Sir,

Your very obedient servant

J.E. Bicheno

P197

22 June 1848

Col Sec

Pauper Patients

To extent of 10 may

Be sent to St Johns

Hospital

P198

[to] Police Magistrate

Launceston

No 3238

Colonial Secretary’s Office

9^th July 1849

Sir,

With reference to my letter No 3328 of the 23^rd ultimo the Assistant Comptroller of Convicts has reported that the Superintendent of the Prisoner’s Barracks has been instructed in the event of the death of a pauper patient in St John’s Hospital to furnish men to dig the grave and carry the coffin, upon your requisition, in the same manner as if such pauper had died in the convict Hospital.

I have the honor to be,

Sir,

Your very obedient Servant

J.E. Bicheno

P199

9 July 49

Col Sec

Convict Department

To supply bearers

For pauper coffins

P200

[to] William Tarleton Esq

Police Magistrate

Launceston

No 3038

Colonial Secretary’s Office

27^th April 1849

Sir

I am directed to acquaint you that a Captain Gardiner has not intimated his intention of resuming his function as Coroner at Launceston; His Excellency has been pleased to approve of the duties devolving on Mr Kennedy whose long services appear to the Lieutenant Governor to be deserving of this consideration, and who will

P201

Receive his commission of Coroner for that prupose –

I have the honor to be

Sir

Your most obedient servant

J.E. Bicheno

P202

27 April 1848

W Kennedy

Coroner

P203

[to] William Tarleton Esq

Police Magistrate

Launceston

No 3483

Colonial Secretary’s Office

11^th September 1849

Sir,

I am directed to acknowledge the receipt of your letter of the 10^th ultimo respecting the appropriation of the money collected in the District of Launceston for the registration of dogs, – and I am to acquaint you that the Lieutenant Governor is desirous of leaving the proportion to be paid for the several roads

P204

Of the district, to be settled by Public Meetings of the parties interested, – it being understood that the sum collected in the Town shall be applied under the directions of the Town Surveyor.

I am therefore to request that you will have the goodness to put yourself in communication with the several parties, in order that effect may be given to the wishes of the Lieutenant Governor.

I have the honor to be,

Dir,

Your very obedient servant

J.E. Bicheno

P205

11 sept 1849

col sec

Application of

Dog Money to be left in Public meeting

P206

[to] W Tarleton Esq

Police Magistrate

Launceston

No 3483

Colonial Secretary’s Office

31 July 1849

Sir,

I am directed to acquaint you that a communication has been received, signed by W.M. Henty and other “inhabitants along with line of the George Town Road heading from Launceston”, requesting that the monies received in that District for the registration of Dogs may be expended in the repairs of

P207

The above mentioned road commencing with the Bridge.

With reference to this application I am to request that you will be good enough to ascertain and report, what extent of the George Town Road is proposed to be comprehended, and what amount has been collected, under the Dog Registration Act, in that part of the district – The Collections in the District of Launceston are appropriated by the ??? to the repair of the streets in the Town, and the approaches thereto, in the former….

P208

The Colonial Secretary

August 10^th 1849

In reply to your communication of the 31^st ultimo in reference to the appropriation of the money received in this District for the registration of Dogs, I have now the honor to lay the following information before you for his Excellency’s consideration.

The amounts collected under the present Act at this Office re as follows.

From April 1^st 1848 to April 1^st 1849 within the limits of the Town £85.11.3

Along the line of the George Town Road £10.1.6

In other parts of the District 31.3.-

TOTAL £126.14.9

From April 1^st to July 31^st 1849 within the limits of the Town £41.10.-

On the line of the George Town road £5.12.6

In other parts of the district £14.19. –

TOTAL £62.11.6

According to the tenor of the… [ go to p 211 for continuation of this letter]

Left margin: With reference to this amount I would mention that many dogs are daily being registered, that informations are being laid against those who have neglected to comply with the provisions of the act, that I doubt not a much larger sum may be anticipated than that set down here.

P209

Appropriation clause of the act, the first item in these amounts must be handed over to the Town Surveyor, to be expended in the repairs of the streets and the approaches thereton, under which definition the George Town Road for a certain distance must I think in fairness be classed Mr Henty’s opinion is, that the road across the swamp, a distance of about two miles form the Town, should be so considered, but as there are then approaches, and other interests to be cared for this may possibly be thought an excessive demand with reference to the limited means at command : how far however the approaches to the streets in any directions, should be considered the tend , is a matter for His Excellency’s decisions, and should I suggest be made the subject of special instructions to the Town Surveyor, an officer who I am happy to say, say proved himself most

P210

Efficient and energetic in the discharge of his duties, and who under due directions, would I am assured expend the money entrusted to him fairly and to the satisfaction of all concerned.

As to the sum obtained outside of the Town Boundaries, and which is directed by the Act to be devoted to the repairs of roads in the District, it would seem to me the wisest course to leave the inhabitants to decide in public meeting as to the manner of its expenditure and the parties to whom its outlay, is to be restricted : this plan will be in accordance with the source pursued in other Districts will prevent all cavil or imputation again the Government of Partiality in the decisions of the money, and will I am confident, given general satisfaction.

I am &c

Sd William Tarleton

P211

Former case under the management of the Town Surveyor. But it has been unusual for the Lieutenant Governor to withhold his sanction form the grant of these collections in places other than Hobart Town and Launceston, until the inhabitants themselves in public meeting assembled, should agree as to the mode of appropriating them, and appoint the person who should manage the works.

I have the honor to be,

Sir,

Your very obedient servant,

J.E. Bicheno

P212

31 July 1849

Col Sec

Mr Henty’s application

For Dog Money . –

P213

Exhibited in Evidence

W Gunn? [signed]

P214

To the Deputy Registrar of the District of Launceston

Notice of Marriage

I hereby give you notice that a marriage is intended to be had within three calendar months from the date hereof, between me and the other party herein named and described (that is to say),

Name: Patrick Brady

Condition: Bachelor

Rank or Profession: Labour

Age: of full age

Dwelling Place: Launceston

Length of Residence: swore? The fifteen day

Church, Building Office or Private House in which the Marriage is to be Solemnized: In the Independent Chapel, Jac??? Street, Launceston by the Reverend Chaplain Price?

Name: Ellen Webb

Condition: Spinster

Rank or Profession: ——

Age: of full age

Dwelling Place: Launceston

Length of Residence: swore? The fifteen day

Church, Building Office or Private House in which the Marriage is to be Solemnized: In the Independent Chapel, Jac??? Street, Launceston by the Reverend Chaplain Price?

Witness my hand this: eleventh day of May 1855

Patrick Brady [signed]

P215

VAN DIEMEN’S LAND

To wit

Patrick Brady of Launceston Labourer

Maketh oath and saith that he this Deponent is free, and that ELLEN WEBB

Named in his Notice of Marriage is also free, and that he this Deponent believes there is not impediment of kindred or alliance or other lawful hindrance to the said Marriage, and that the said PATRICK BRADY

Has had his ususal place of abode in LAUNCESTON during the last fifteen days – and that this Deponent is of full age – and that the said ELLEN WEBB is also of full age.

Sworne before me Pat Bready [signed]

At Launceston this eleventh day of May 1855

John Crisp

Deputy registrar

P216

No 6255

Colonial Secretary’s Office 7^th August 1851

Sir,

With reference to the application of Mr A.M?. Milligan on behalf of the Launceston Benevolent Society submitted with your recommendation on the 23d ultimo I have to inform you that the Lieutenant Governor approves of the Society in question sending persons coming under its notice and requiring medical

[to] Police Magistrate

Launceston

P217

Treatment to the Colonial Hospital on payment of a shilling a day for each patient, provided the accommodation be not required for patients maintained by the Government.

I have the honor to be

Sir

Your very obedient servant

P Muir?

P218

7 Aug 1831

Col Sec

Benevolent Society

Patients to Colln Hospital

At 1/ pr diem

P219

Ital? Quin

J.S.

POLICE OFFICE

Hoobart Town

TASMANIA TO WIT

To the Sub Inspector of Police

And to all constables in the Colony of Tasmania, and to the

Keeper of the Gaol

At Hobart Town in the said colony

WHEREAS John Sweeney was this day

Charged before me one of Her Majesty’s Justices of the

Peace for this Colony on the Oath of THOMAS WESTBROOK of

Hobart Town aforesaid

And others, for that

He did on the seventh day of December 1861 at New Town in the Police District of Hobart in Tasmania unlawfully and maliciously inflict upon Louis Absolom, Hobart Town aforesaid certain grievous bodily harm by then and there driving over him with a Cab drawn by his horses thereby inflicting certain injuries to him ribs and face and….

Committed for Trial

Therese are therefore to command you the said Constables to take the said

JOHN SWEENEY and him safely convey to the Gaol at Hobart Town aforesaid and there to deliver him to the Keeper thereof together with this precept and I do here by command you the said Keeper of the said Gaol to receive the said JOHN SWEENEY into your custody in the said GAOL and there safely keep him until he shall be thence delivered by due course of law.

Given under my hand this 24^th day of December 1861 at Hobart Town in the colony aforesaid.

N.Sailiton? JP

(no.151, Warrant of Commitment. (R.1.)

“The Magistrates Criminal Procedure Act”)

p220

Fully Committed

24 December 1861

SWEENEY John

F by S 7 years

Ol. Queen

Labourer

Age 28

R&W P&S

Received 9 December 1861

END OF VOLUME

1 Comment

Posted in 1

ms 3251 1834-1837 box 2 vol 4

Posted on October 26, 2009 | 11 comments

ECHOES OF BUSHRANGING Days in Van Diemen’s Land
BRADY, McCABE, PERRY, GEFFREYS and BRITTON
1834 to 1837
National Library of Australia Manuscript collection MS3251
box 2 volume 4 1834 – 1837
one of a series of nine volumes of official documents relating to Aboriginal people, Bushrangers, Convicts and Landed Settlers
Transcribed August and September 2009 by Rhonda Hamilton

TRANSCRIPT:

February 1834 [in pencil top right]

Thomas Williams sworn oath I am a Constable at Launceston. On the thirteenth day of February instant about Eleven oclock in the morning I went into John Griffiths house I saw there Richard Lowe a Prisoner of the crown he had absconded and was drinking some wine. I first saw Lowe in Griffith’s house at Eleven oclock I took him out at half past twelve I heard him call for help

? ? ? where I first saw him I thought he had ? when I took him away he was Drunk.

His mark Thomas Williams

Richard Hughes saith I am an Overseer of the Chain Gang On the thirteenth of February instant I saw Richard Lowe a Prisoner of the crown who had Absconded in John Griffiths Public house he was drinking some wine he called for another half pint of wine, he was

was drunk. Williams the Constable was with him.

His mark Richard Hughes

Fined Five Pounds and Costs

Police Office Launceston 28^th February 1834. Present William Lyttleton and Geo Viney Esqrd.

INFORMATION.

ISLAND OF VAN DIEMEN’S LAND, TO WIT.

BE IT REMEMBERED, that on the fourteenth day of February in the Year of in our Lord One Thousand Eight Hundred and Thirty four at Launceston in the said Island of Van Diemen’s Land, cometh Anthony Cottrell in his own proper person, who prosecutes for our Sovereign Lord the now King, as well as for himself in this behalf, before me, William Kenworthy Esquire one of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, and giveth me the said Justice to understand and be informed, that John Griffiths licensed publican of Launceston in the said Island did on the thirteenth of February instant at his premises situated at aforesaid knowingly permit to remain drinking one Richard Lowe a Prisoner of the Crown not ? with a ? for ? in attendance not having the written authority of his Master ? ? for the purpose of supplying Prisoner with reason the refreshment contrary to the Provisions of the Act in Council of this Island, No.

8. George 4^th intituled “An Act for amending the hours to prevent the harbouring of ? or other offendent and to restrain their tippling and gambling.

For which said Offence, and by Virtue of the said Act, he the said John Griffiths hath become liable to forfeit and pay the Penalty or Sum of Fifty Pounds. Whereupon the said Anthony Cottrell prays that the said John Griffiths may be summoned to appear and answer to this Information, and make his Defence thereto.

Anthy Cottrell

Exhibited and taken the day and year first above written, before me, Ts Kenworthy

Plea Not Guilty

28 February 1834

Cottrell & Griffiths Publican

Breach of Act No 8 Geo. 4^th

Fined Five Pounds

No 4/6 con 1/ 5/6

Distress Warrant clk 8/8 Serving Con 2 10/8

[large oversize page, folded]

Van Diemen’s Land To Wit

Thomas Prosser, of Launceston, in the Cornwall Division of the Island of Van Diemens Land, Yeoman, maketh oath, and saith, That on the evening of Wednesday last about the hour of eight of the clock that he this deponent as on his own Premises in Brisbane Street in Launceston, in the Cornwall Division of the Island of Van Diemen’s Land aforesaid then and there being in the King’s peace when a man whose name is to this deponent unknown and who as deponent is informed and verily believes is an assigned Servant to one Jourdan a Tailor in Launceston aforesaid came up to deponents gate and was in the act of opening the same to let out deponent’s Cow exclaiming that he would have five shillings for Her in the morning meaning for poundage upon seeing Deponent coming forward he retreated to the adjoining Yard depondent followed and asked him (the man) what business he had there and what he intended by opening depondent’s gate when he immediately raised his crutch and struck deponent several severe blows To wit one on the Right Eye and others on various parts of the body and at the same time using most infamous expressions towards Deponent and his deponent’s wife and this deponent therefore prays that Justice may be done.

Sworn at Launceston this fifth day of december in the Year of our Lord one thousand and eight hundred and thirty four; Before me Geo King JP

Thomas Prosser

P 7

Thomas Prosser further saith the same prisoner William Bailey is the man ? in the aforesaid Information

Thomas Prosser

The prisoner states he was home before eight oclock.

Defence

Henry Shepherd sworn saith I hold a Ticket of Leave On the Third of December instant about Six Oclock in the evening I was passing Thomas Prossers house I saw a Child go and open Mr Prossers gate a woman came immediately and took it away it was not Dark I did not see Thomas Prosser. The Prisoner Bailey was wandering between Prossers and David Williams.

[indecipherable signature]

William Jordan sworn saith – On the night of the third of December instant the Prisoner William Bailey was not at home at Eight Oclock ? when he returned he was ? liquor the head of his crutch was broken.

Wm Jordan

Twenty Eight Days Solitary Conft & on Bread and butter

6^th December 1834

6 Decr 1834

Prosser vs Bailey Prisr.

Assault

Decided [?]

?? this date

P10

[large oversize page, folded]

Van Diemen’s Land To Wit

AN INQUISITION indented taken for our Sovereign Lord the King at Launceston in the County of Cornwall the sixth and eleventh days of July in the seventh year of the reign of Sovereign Lord William the Fourth by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith before Peter Archer Mulgrave Esquire one of the Coroners of our said Lord the King for the said Country on views of the body of Henry Hunt then and there lying dead upon the Oath of John Keogh, William Milne, Joseph Hudson, George Coulstock, Thomas Fall, Joseph Dell, William Bransgrove, Charles Ross Nairne, Samuel Farrar, Samuel Mance, James Whitehead and Samuel Salter good and lawful men of the said County duly chosen and being then and there duly sworn and charged to inquire for our said Lord the King when where how and after what ? the said Henry Hunt came to his Death do upon their Oath say that the said Henry Hunt came to his Death in consequence of certain wounds and fractures inflicted upon his head with a Musket by Isabella Kerr on the eighteenth day of June last in defending her Husband James Kerr from a Murderous attack made upon him by the said Henry Hunt at the Nile Rivulet in the County aforesaid of which wounds he lingered and lingering did live until the fifth day of July instant on which day he died in the Colonial Hospital at Launceston and the jurors aforesaid are of opinion that the conduct displayed by the said Isabella Kerr on that occasion was not only fully justifiable but deserves the highest commendation.

AND so the Jurors upon their Oath aforesaid do say that the said Henry Hunt was justifiably slain by the said Isabella Kerr in defence of her Husband James Kerr at the time and place and in manner aforesaid.

IN WITNESS whereof as well the said Coroner as the Jurors aforesaid have to this Inquisition set their Hands and Seals on the days and year and at the place above mentioned.

P A Mulgrave Coroner

John Keogh, Wm Bransgrove, Wm Milne, Chas. Ross Nairne, Joseph Hudson, Sam Farrar [?], George Coulstock, Saml Mance, Thomas Fall, James Whitehead, Joseph Dell, Samuel Salter (his mark) Jurors

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[in pencil]

Inquest on Henry Hunt killed by Isabella Kerr in defence of her Husband 1836

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Colonial Secretary’s Office, 25^th September 1835

My Dear Sir

I beg to direct your attention to an Advertisement in the Cornwall Chronicle of the 19^th Instant setting forth that “Forms for Tickets of Leave” may be had at the office of that Paper and as you are aware that such instruments are issued complete and properly authenticated, from this Department only, I request you will have the goodness to

W Lyttleton Esqre

Police Magistrate, Launceston

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to ascertain and acquaint me with the nature of the “Forms” referred to in this Advertisement.

I have the honour to be My dear Sir Your Very obedient Servant John Montagu

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25 September 1835

Colonial Secretary

Forms of Ticket of Leave at the Chronicle Office

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[half page, torn]

Copy. Inquest on the body of Henry Hunt Launceston 6^th & 11^th July 1835.

Verdict Justifiable homicide.

P A Mulgrave Coroner

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[half page, folded, written in pencil]

We find that Henry Hunt died of wounds inflicted by Isabella Kerr in defending her husband from a murderous attack made upon him by the deceased; & we are of the opinion that the conduct displayed by the said Isabella Kerr upon the occasion in question, was not only fully justifiable, but deserves the highest commendation.

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18 June 1836 [in pencil top right]

Van Diemen’s Land To Wit

The information on oath of Isabella Kerr wife of James Kerr who saith on the eighteenth of June last my Husband and I resided on the farm of Mr James Corbett at the Nile Rivulet I saw my Husband in the garden digging Potatoes about two oclock in the afternoon about a quarter of an hour afterwards I was employed in preparing Dinner I heard some one call out Murder I ran to the Door and saw two men struggling together upon the Ground near a Potatoe bed about two hundred yards from the House one of them called out Murder and I knew by his voice it was my Husband I took my Husbands Musket which I saw him load the night before and went up to the men and said which is you Kerr which is you ? they were so covered with dirt and dressed so much alike that I did not know which was my Husband he however replied this is me I then saw that he was uppermost the man who was undermost had a Pistol pointed against Kerr’s and appeared to be endeavouring to pull the trigger and my Husband to prevent him I immediately put the Musket to the side of the undermost Man and said to my Husband shall I shoot him my husband said yes but instead of cocking the Gun I threw down the pan and spilled the pruning [?] accidentally I said I have spilled all the pruning [?] shall I hit him Kerr said yes turn your

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your piece. Mary Ann Lucas followed me from the House and was close to me when I hit the man with the but end of the Musket in the Head when Mary Ann Lucas laid hold of me by the sleeve of my Dress pulled me away and said poor fellow poor unfortunate fellow do not hit him the man whom I have since learned was named Henry Hunt immediately jumped up and swiped [?] the Pistol which he pointed at my Husbands head and as he rose to do so I struck him again with the Musket upon the head and he fell under my Husband and continued to struggle with him and said to me you Bugger I will shoot you he still held the Pistol in his hand and another laid by the side of him I tried to take the Pistol out of his hand but he held it too fast I struck him altogether four Blows , on the head and the Musket broke the first or second blow I do not know which and when I struck him the fourth blow he threw his arms open and said strike me no more I am done and Kerr and I turned him on his face and took his Handkerchief off his neck and tied his hands behind him Kerr desired Mrs Lucas to go for a rope which was at the House she returned with it in about twenty minutes with the Rope My Husband said why did you not come quicker she said I could not come quicker we then tied Hunts feet with a rope Mrs Kerr asked him his name he said if you will untie my hands I will tell you my name Kerr refused to untie his hands and the man then said his name was Brown soon afterwards he said give me a drink Henry [?] and my Husband gave him some Water in about twenty minutes

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minutes a cart came from Mr Glover’s Mr James Glover was with it Hunt was put into the Cart and Mr Glover had it driven away and went with it some Men belonging to Mr Glover came with the cart one of them named Travers said to Hunt well Hunt and Hunt looked at him and laughed Mary Ann Lucas is Housekeeper to Mr John Senior and they live together as Man and Wife I Remarked no signs of intimacy between her and Hunt.

her mark Isabella Kerr

Sworn before me this 11^th day of July 1836

Signed P A Mulgrave

The information on Oath of Mr James Glover who saith I reside near Mr Corbetts farm at the Nile Rivulet on the eighteenth of June between three and four o’clock in the evening in consequence of some intimation I received I went to Mr Corbetts Farm and took Cart and Bullocks with me when I got near to the House I saw a Man sitting down in the Garden with his hands tied behind him and his legs tied with a rope it was Henry Hunt I had Known him eighteen months before when he was employed in the Survey Department I had six armed men with me and conveyed Hunt to my Fathers House when we arrived there it was about six o’clock in the evening I had him washed and refreshed with Tea and one of my Men asked him what he meant to do with Kerr when he went to his House he said he meant to shoot

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shoot him to make sure work of it he said he knew there was half a chest of Tea and a Bag of Sugar in Kerr’s House and he meant to take that and some Flour and what meat he could find and to carry it on Kerr’s mare to his own place which was behind Mr Simeon Lords Farm he said he never intended to tie Kerr’s hands but he meant to shoot him, he said he intended to shoot him three times. Hunt was perfectly collected when he said this the same night he told me that Captain Sergentson Rode after him and told him to stop and insisted on his going with him but he (Hunt) said I will never be taken by one Man and if you do not go away I shall certainly shoot you but Captain Sergentson rode towards him again and said he would take him and that he Hunt then shot him dead he did not say that he did anything with the body he said the only thing that hurt his mind was the shooting of Captain Sergentson for he was a good Man and he was sorry he had done it he said that he had shot Humphrey Grey’s Shepherd because that man had appeared against him and got him a second Transportation Hunt said there was no person with him when he went to rob Kerr’s House he said that he had left his two companions soon after they had attacked Mr Furlongs House but whilst some shots were exchanged they had ran away and left him and that he refused to continue with them on account of their cowardice. There were four or five wounds in Hunts head when I saw him in Kerr’s garden

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garden and those wounds were in the same state except being washed and dressed with diachelum Plaister when I delivered him at the Gaol in Launceston the next day Kerr accompanied me with the cart that conveyed Hunt from my House to Launceston and on the way we stopped to refresh ourselves when Hunt said to Kerr I did not expect to be so well treated on the Road and laughed and said “I had it all my own way and if it had not been for your Wife you would have been a dead man in two minutes Kerr said did you mean to shoot me Hunt replied yes I meant to make a sure Game of it. Hunt said he would answer any questions that I Kerr or Mr Kennedy should put to him Kerr said did you murder Captain Sergentson Hunt replied yes I did and Humphrey Grey’s Shepherd Kerr delivered this Piece of a Broken musket to me and said that was the weapon that had done the business when I took it in charge the stock near the breech was covered with blood

Signed James Glover

Sworn before me this 1th day of July 1836

Signed P. A. Mulgrave

The information on Oath of James Kerr who saith I am overseer to Mr James Corbett at the Nile Rivulet in the afternoon on the eighteenth of June I was digging Potatoes in my Garden about two o’clock I was alarmed by hearing my Dog Bark I turned round and saw a man coming from the Corner of an Old Hut about twenty five yards from me with a Gun cocked in his hand he presented the

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the gun at me and ordered me to stand or he would blow my brains out I stopped and he ordered me to kneel down I did so he then leaped a four rail fence that seperated us into the Garden with the Gun in his hand he turned and came up behind me I looked over my shoulder smiled and said who are you he replied I will very soon let you know who I am his Gun was presented at my back the Muzzle about the length of his piece from it it was cocked and he had his finger on the trigger I wheeled from my knees under the Muzzle of the Gun I rose up threw up the Muzzle of the Gun and seized him by the side of his neck we struggled violently for about two minutes he then drew a pistol from his belt and as he was raising it to present it at me I caught hold of it and prevented him I wrenched it from his hand and it fell on the Ground at our feet he then threw away his Gun and stopped and put out his right hand to the Pistol on the ground he did not recover it and we struggled together for about ten yards when we fell to the Ground the man undermost he then drew another Pistol from his belt and cocked it and put the muzzle of it against the right side of my body I grasped his hand which held the Pistol with both of mine and then called out Murder My Wife came up with my Musket in her hand which was loaded with ball and called out which is you Henry I said I am him My Wife said shall I shoot him I said shoot him she immediately put the Muzzle of my Gun against his side and attempted to cock it but threw the Pin up instead of doing so and the

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the pinning fell out she said the pinning is gone and we have no more shall I hit him I said hit him on the head she stepped to the opposite side took the Gun by the Barrel swung the but over her shoulder and swinging it down hit him upon the Top of his head his Hat was off and the blow broke the stock of the Gun in two parts this is the upper part of it she then told the Man to let the Pistol go he snapped it at my heart it did not go off he then turned it towards my Wife and said I will shoot you you bugger and she struck him again on the head with the barrel of the Gun she told again to let the Pistol go he said he would not I told her to hit him again and she struck him again on the head with the barrel of the Gun Mary Ann Lucas who was present then laid hold of the ? my Wife’s Dress and said do not strike him again Mrs Kerr poor fellow you will Kill him the man then rose up and almost threw me off him and my Wife struck him again the fourth time with the barrel of the Gun upon his head and he then threw his Arms open and said hit me no more I am done my Wife and I then turned him upon his face and tied his hands behind him with his own Handkerchief and tied his feet with a rope that I desired Mary Ann Lucas to fetch from a Box in my House I sent my Wife to the next farm Mr John Senior came soon after we searched the man and found upon him ten ball cartridges two pistol balls a small Bag full of Buck Shot and about half a pound of Gun Powder in a Powder horn I asked the man his name

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name he said his name was Brown and that he had lived with Doctor Pierton [? Temple Pearson?] of Campbell Town he afterwards said his name was Brooks Mr James Glover came with some of his men with a cart and one of his Men said that the robber was Henry Hunt I then examined the Man more closely and I then was convinced his Name was Henry Hunt and that he had belonged to Mr Wedge’s Surveying Party with which I had seen him frequently and I was the more convinced it was him because I had observed that he had lost the two upper joints of the forefinger of the left hand and the next day I heard him state that he was Henry Hunt and that he was the Man that had murdered Captain Sergeantson and Mr Humphrey Grey’s Shepherd.

Signed James Kerr

Sworn before me this 11^th day of July 1836

Signed P. A. Mulgrave

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The information on Oath of William Secombe Esquire who saith I am Assistant Colonial Surgeon at Launceston I saw the deceased Henry Hunt on the 19^th of June last in the Gaol at Launceston his skull was fractured on the left side of the upper and face part of the head and there were several wounds near that fracture I think six, it was necessary to repair him and he was afterwards moved on the twenty first of June to the Colonial Hospital and he remained there under my care until the fifth of July when he died about two o’clock in the morning his Death was caused by the fracture of the skull and the severe blows he had received on his head and I have no doubt that that fracture and wounds were caused by some heavy instrument probably by the but end of a Musket one of the wounds appeared to have been made by some large round hard substance similar to the top of a cock of a Musket I asked him who gave him those wounds he said a Woman but he did not say whom or when or where

Signed, Wm Secombe A. Col. Surgeon

Sworn before me this 11^th day of July 1836 Signed, P.A. Mulgrave

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Feb 1835 [in blue pencil top right of page]

? Magistrate Attempted Capture of Circular Head establishment by Armed Convicts

[in feint pencil top left of page]

To His Excellency Sir Eardley Eardley Wilmot Lieutenant Governor of Van Diemens Land

The Humble Petition of James Glen TL per Ship Larkins praying for a mitigation of his 3 years addition

Most Respectfully shewith

That Your Excellencys Petitioner was tried at Edinburgh in November 1830 and arrived in this Colony in October 1831 under a sentence of 14 years Transportation which period has expired

Petitioner on his arrival in this Colony was assigned to the Company at Circular Head and remained in the above service until the month of February 1835 when petitioner was charged by an assigned Servant belonging to the Company with conspiring to seize the schooner Edward

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with others it being the property of the company and upon only his evidence Petitioner was convicted and sentenced to three years in chains which sentence Petitioner underwent at Westbury and Reibeys Ford Parties

Petitioner after having been in chains for two years and four months received a remission of the remainder of that sentence

Petitioner hopes your Excellency will be graciously pleased to take his case into your merciful consideration and be pleased to grant petitioner the indulgence pray’d for

And Petitioner as in duty bound will ever pray

M? 27/11/44 [mark in black pen lower left of page]

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I beg to forward extracts from the Record, and the evidence taken on the occasion.

Mrr Archer P M Circular Head 12 March

The Chief Police Magistrate

Received Police Department March 29 1844 [black stamp]

Transmitted JB 29 March ??

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The Humble Petition of James Glen TL per Ship Larkins Praying for a Mitigation of his 3 years Extention.

Transmitted for the report of the convicting Magistrate Circular Head

? Conpt Genr Off 184?

The CP Magistrate

Referred accordingly FB 3^rd Jany ?

The Magistrate Circular Head

I believe Captn Smith was the convicting Magistrate. I know nothing of the case myself. It occurred ten years ago

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The Information of Hugh Holland who being first duly sworn states

There is a plan amongst the prisoners and they plan to take the settlement and the schooner Edward. I am owner of the property we seem to mount an Western Plains Hut and to take the settlement at night. The persons living at the hut are first to be taken After drowning arriving Smithton Mr Caspar Mr Mannion and Mr A they Mr Cooper into ten to show arms whom than arms before joining going Lton

They were to borrow or steal from Hart, Massey abiding Davis whom they had got arms and ammunition from the stores they were to Bourke Cottemp George Thomsons and two constables and also Lithgows and drown all them and march them all down to They

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Were then to proceed to Mr Currs sworn him his servants and his family in the cellars of his house. No person was to do harm unless resistance was made at them they were to be marched and to remain on the farm. Mrs Curr in particular was not to be hurt. They were then to and swim all persons to Mr Reeves Mrs Kings and Towns and afterwards of the Establishment. They were then to the prisoners who in the then having the moon who to on New Years Day. All those made to be removed as soon as possible to the Cellars of the It was to finally take all ten prisoners not in the plot and them in the storm with the others in own that night got away to Emu Bay to give the alarm. When the people were all missed Mr Currs and the houses of her sister,

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Was to be for money as it is reported that these and six thousand pounds in dollars in Mr Currs house. When the Edward, the Company’s schooner arrived from Launceston Capt was to be allowed to come on shore and then seize and a whole part was then to be pushed off and then taken discharged and then London with what transfer progresss to part in as necessary for the The men who house given their words to join this plot am myself who am to his the Captain of the land of

Christopher OBryan John Allen James Glen John Knowles Henry Harwood, James Hargrave Andrew Driscoll Lemons Hawkins visit to me last night he was ready to join a party of men in any thing. He did not tell him what I was recommended to approach

(in pencil at lower lhs margin

Holland states there said he was ready to join a party of twenty men.

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To Boton and Chapman but I have not yet Ferguson has also been recommended. I have been informed that Saunders was to be one. The reason that I give this information of the plot is this, that I murder would be done also that I might away or other lose my own life in this matter. The people who began the plot are Allan and OBryan.

Hugh Holland.

Botton says that Holland had spoken to him (in pencil on rhs)

Rowe have you heard (in pencil on rhs)

Sworn before me at Circular Head this nineteenth day of January one thousand eight hundred and thirty five.

Edwin Curr John Kirks Hutchinson

Sworn Before us at Circular Head the 4! of February 1835

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(2 and Friday 30^th Jany. 1835 in pencil at top of page)

The further information of Hugh Holland who having first duly sworn states I had conversation on Wednesday night last with Allan, OBryan and Glen Hawkins but said to me suspecting this plot to take the Edward. I told them that Hawkins had said to me what a curious state this settlement is in now and that I had Hawkins yes it is and that Hawkins firstly it is that no money man found way they are and no soldier on the Head there was a prison vessel that could be easily taken and plenty to land

I told them I had said to Hawkins that it could be done but think I did not well know what way. Of said Hawkins twenty men could take this settlement. I told

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Them further then that Hawkins had said that his plan would be to take Highfield first and afterwards to take the

To take the vessel to America that he could not do it without twenty men but that with twenty men should they meet with a vessel they would damagew with I told all this to Allen and the others (Glen and OBryan). Allan and Glen approved of the plan arranged by Hawkins but OBryan said that it would be better to wait till the vessel returned from Launceston.

This conversation was by Donovan coming upon who found nothing of it. Last night when I went to the Invalids Hut Allen said to see that he had seen Hawkins and had further conversations with him about the plot but as there were many persons present we did not

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Converse further about it then. I have had many conversations with Allen upon this subject within the last fortnight. I had conversations with Allen in the Hay field on the day that the Edward last arrived from Woolnorth. He proposed taking her then and going to Woolnorth to land them. I objected to this plan because I thought it would be giving and leaving away of having took and I recommended that we await a month until the vessel returned from Launceston. I have had two conversations with Hawkins upon this subject. These were on Wednesday last.

Hugh Holland

Taken and sworn before us, at Circular Head, in the presence of John Allen this thirteenth day of January one thousand eight hundred and thirty seven.

Edward Curr

Sworn Before us at Circular Head 4^th February 1835

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John Allen states that he never had any conversation with Holland the taking of the Edward upon or about three weeks ago in the Hay-fields when Holland said what am my thinking it would be for to got and he answered by taking them He Allen said that might do for others but it would not do for him as he was a short man then Holland said how ill worn off and what fools they were to put up with it. Allan further states that on Saturday night last when Mr Curr had taken two men from the hut to prison, Holland exclaimed what fools they were. They were a pair of young men and found my way it would be to the settlement Someone said pooh pooh that’s foolishness.

His mark John Allen

Taken Before us at Circular Head the 30^th January 1835

Taken Before us at Circular Head the 4 of February 1835

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(3 and 30^th Jany 1835 in pencil at top of page)

The further information of Hugh Holland having been found in the prisoners and hearing of Christopher O’Bryans he states He never had any conversation with Holland on the subject of taking the settlement or on the subject of taking the Edward. On Saturday night last when Mrs Curr took two men from the Court to prison, it was said by but said with by whom what it was there should allow themselves to be dominated and in that woman. That it would be to make their it was said for the purpose of obtaining redress and that many through the bush in his (OBryans) support. OBryan denies having had any conversation with Holland and Allen in the Hayfield doesn’t them weeks ago on the subject of taking the Schooner. I was not Holland making any proposal He Christopher OBryan his mark

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(10 in pencil top centre of page)

James King assigned servant of the Van Diemens Land Company being first duly sworn sayeth – Hugh Holland has been at times within the last month into and present us to take the

He said that us then was now no Magistrate here they would never have

In advising us to go to Launceston was that might

To the Magistrates of they missed him. On the last spoken to us upon this subject he worried no sort to go had complained to against own Master. The day before the seven men taken prisoners I had somne conversation with Driscoll suspecting a plot to take the settlement and the Schooner Edward. It took the plan in when was try them. Driscoll said that Holland had said to the men in his hut What would the Port Arthurs men think of this plan? That there was a schooner and think if they would take how they would

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Driscoll asked me if I would like to trust myself in that way. His question was would you like to trust yourself in such a vessel as the Edward? He afterwards said to me that if his was in the schooner Mrs Curr worn to say you may go to

I replied that I should not like to go to Hobartown in her I told Driscoll that was, perhaps, land now as advised him to

Five years with the Company and in those years you started a good of

He would take my advice and thanked me for it. The conversation then

I live at the green brown hut. I have not heard the mentioned by any other person previous to the man being taken to prison

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There is, no one, except Driscoll, who said any thing to me about taking the settlement.

James King his mark

Sworn Before me at Circular Head the 2^nd February 1835

Sworn Before us at Circular Head the 4^th February 1835 check these 4 dates

Taken Before us at Circular Head the 4 February 1835

Taken Before us at Circular Head the 30 January 1835

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(4) in pencil top of page

Circular Head 31 Jany. 1835

Present Edward Curr Esqre. And John Hicks Hutchinson Esq.

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of William Lemon and Andrew Driscoll and the said Hugh Holland being duly sworn

William Lemon declines asking any questions

Andrew Driscoll declines asking him the said Hugh Holland any questions

William Lemon states that he had no conversation with Holland respecting any (about taking the Schooner Edward crossed out) plot or taking the Settlement or the Schooner Edward, nor with any other person.

Wm Lemon

Taken before us at Circular Head the 4! February 1835

Taken Before us at Circular Head the 31 January 1835

Hugh Holland on his Oath states that on Tuesday (Night last crossed out) afternoon about 3 or 4 oclock being then an Invalid and in the Invalids hut Lemon came in that he took Lemon to the further end of the Table And said to him well Lemon have you (Lemon crossed out) heard anything of this plot for taking the Settlement and the Schooner and that Lemon said yes he had that Allen had spoken to him respecting taking the Schooner after she arrived from Woolnorth but not respecting taking the Settlement that he Holland told him that

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Allen and Harwood had mentioned to him that Lemon was a fit person to be trusted. Lemon said that he thought it would be a good thing done provided it could be done and they were then interrupted by some person coming into the Hut Holland believes it was Donovan that came in.

Harwood was in the Hut when Lemon came in (but in pencil) because Harwood knew that Holland was going to speak to Lemon he went out.

The next day about a quarter before 5oc Lemon again came into the Invalids Hut where Holland was and said well (that he was crossed out) I see you had Hawkins here what sort of spirits is he in. Holland said in very good spirits that Holland told him what Hawkins has said and Lemon replied it was a very good thing and wishes it was Sunday Lemon then gave his word to meet the parties at the Western Plains on Sunday previous to this conversation which took place on Wednesday but on the same day Lemon recommended Andrew Driscoll for one of the party and on Wednesday night Holland told Lemon at the Invalids Hut that he had spoken to Andrew Driscoll and he had consented to be one of the party.

Holland cross examined by Lemon. The reason that Harwood tho one of the party left the Hut when Holland was going to speak to Lemon was that Holland had settled that he would not speak to any two together except the two men who had commenced it and Glen.

Holland cross examined by Andrew Driscoll States that he had conversation with Driscoll outside the Door of the Invalids Hut about 8 oclock on

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((4) in pencil top left of page)

Circular Head 31 Jany. 1835

Present Edward Curr Esqre and John Hicks Hutchinson Esq

The information and further Information of Hugh Holland having been read over to him in the presence and hearing of William Lemon and Andrew Driscoll and the said Hugh Holland being duly sworn

William Lemon declines asking any questions

Andrew Driscoll declines asking him the said Hugh Holland any questions

William Lemon states that he had no conversation with Holland respecting any (about taking the Schooner Edward crossed out) plot on taking the Settlement or the Schooner Edward, nor with any other person. Wm Lemon

Taken before us at Circular Head 4 February 1835

Taken before us at Circular Head 31 January 1835

Hugh Holland on his Oath states that on Tuesday (night last crossed out) afternoon about 3 or 4 oclock being then an Invalid and in the Invalids hut Lemon came in that he took Lemon to the further end of the Table Then said to him well Lemon have you heard anything of this plot for taking the Settlement and the Schooner and that Lemon said yes he has that Allen had spoken to him respecting taking the Schooner after she arrive from Woolnorth but not respecting taking the Settlement. That he Holland told him that

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Harwood was in the Hut when Lemon came in (but in pencil) because Harwood knew that Holland was going to speak to Lemon he went out.

The next day about a quarter before 5 o’c Lemon again came into the Invalids Hut where Holland was and said well (that he saw crossed out) I see you had Hawkins here what sort of spirits is he in.

Holland said in very good spirits that Holland told him what Hawkins had said and Lemon replied it was a very good thing and wished it was Sunday Lemon then gave his word to meet the parties at the Western Plains on Sunday previous to this conversation which took place on Wednesday but on the same day Lemon recommended Andrew Driscoll for one of the party and on Wednesday night Holland told Lemon at the Invalids Hut that he had spoken to Andrew Driscoll and he had consented to be one of the party.

Holland cross examined by Lemon. The reason that Harwood tho one of the party left the Hut when Holland was going to speak to Lemon was that Holland had settled that he would not speak to any two (crossed out?) together except the two men who had commenced it and Glen.

Holland cross examined by Andrew Driscoll states that he had conversation with Driscoll outside the Door of the Invalids Hut at about 8 oclock on

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Wednesday night. That he asked him if he was inclined to be one of the party to take the Settlement and the Edward Schooner. Driscoll asked who were to do it. Holland answered he did not wish to tell him the names but if Driscoll would meet him on Sunday next at the Western Plains Hut he would see all that were to be in it. Driscoll then gave his word to be in it and meet the parties at the Western Plains after Church time on Sunday next.

Holland has had no conversation with Driscoll on this subject neither before on since.

Hugh Holland

Sworn before us at Circular Head the 4 February 1835

Sworn before us at Circular Head the 31 January 1835

Edward ?

Andrew Driscoll denies having any conversation with Holland on the subject of the plot or any other person or that he heard of any such proposition as to take the Edward. He states that he was in Bed at the Grubbers Hut more than qr a mile from the Invalids Hut on Wednesday night at 8 o’clock. Denies having met Eldridge at the Invalids Hut on Wednesday night. He saw Eldridge at the Invalids Hut on Tuesday night about 20 minutes after 6 o’clock. Does not know whether Holland was there or not.

Andrew Driscoll

Taken before us at Circular Head the 31 January 1835

Taken before us at Circular Head the 4’ February 1835

(notes in pencil on lhs of binding

.. states that he had Driscoll at Invalid’s Huyt at time …..

…states .saw Driscoll.. Invalid’s Hut 8 o’clock on day)

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The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of John Knowland being duty sworn (crossed out)

John Knowland declines asking Holland any questions

John Knowland states that he never had any conversation with Holland about taking the Settlement or the Schooner Edward or with any other person. Has heard that it would be a good chance for a man to get his liberty. Does not know who the people are that spoke about it. Thinks the last time it was mentioned when the Brig was taken from Macquary Harbour and the people came here on their way to Launceston.

John Knowland

Hugh Holland on his Oath as aforesaid States. I met Knowland yesterday morning in the cow pasture he asked me what I thought of this job. I told him what passed between me and Hawkins on Wednesday night and I told him I thought the plan would do very well. He thought with 20 men we could take the vessel and when out at sea should they meet a Brig or Ship they could easily take her as he had been in the Patriot Service and had seen such a thing done. It was then agreed that Knowland

(in ink written on the right hand side margin of binding

Taken before us at Circular Head the 31Jany 1835

Taken before us at Circular Head the 4 February 1835

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(in pencil at top of age 5 31^st Jan y 1835)

Knowland should meet me and the rest of the party at the Western Plains Hut on Sunday next after Prayers. Knowland mentioned to me that when we met on Sunday we should not part in less parties then three less some body should tell. I have had many conversations with Knowland upon the Subject of taking the Settlement It is upwards of a fortnight since I had the first conversations with Knowland. Knowland and I have conversed about the matter several times but he did not consent til within the last week to be one of the party.

Edward Curr Hugh Holland

Sworn Before us at Circular Head the 4 February 1835

Henry Eldridge an Assigned Servant of the Van Diemens Land Company on his Oath saith that I had no conversation with Driscoll or Lemon this morning. I was not at the Invalids Hut or as we call it the big hut on Wednesday Evening last. I was there on Tuesday night at a little past eight oclock. Lemon and Driscoll were there then. I spoke at that time with Driscoll at the big hut. They came away from the big hut with me and we continued together till we came to Mr Kings when we parted they went on towards the Grubbers Hut and I stopped to speak to Mr King. I do not know whether Holland was at the big hut when I was there or not. I know that it was on Tuesday because it was the day we left of pea cutting we were allowed to leave when we finished which was a little before our usual time. I was not above ten minutes in the Hut. Driscoll and I shook hands in the hut. I (cant crossed out) saw Lemon there I cannot say whether I shook hands with him or not.

(In pencil on left hand margin of paper

.. states that Driscoll was …20 minutes ….

…. Hollands ……..)

P 49

Henry Eldridge cross examined by Holland I was not having a lark with Lemon or Driscoll on the night I was in the big hut to the best of my belief I did not shake hands with Lemon. I am sure I did not shake hands with Holland. I did not sit down in the hut. Lemon and Driscoll did not remain in the hut four or five minutes after me nor half a minute. It was nearly half past eight when I quitted the hut after supper at Six oclock on Wednesday night I never quit the Painted hut where I live

Henry Eldridge his mark

Sworn before us at Circular Head the 31 January 1835

Edward Curr

John Donovan an assigned Servant of the Van Diemens Land Company who on his Oath Saith on Wednesday afternoon last I was at work at the Quarry I do not recollect seeing Holland about the hut. I did not see Holland speak to any one that afternoon. I do not recollect seeing Hawkins that afternoon. After Mr Curr took the two men from the painted hut on Saturday night last and had been gone about five minutes Holland got up and said don’t you see the Settlement staring you in the face why don’t you one and all get up and take the settlement and gain our liberty. I answered Holland hold your tongue about such things as that you ought to know better and don’t go to poison the minds of men in this manner. He said nothing further publickly in the hut but went walking up and down speaking to one and the other some

(Sworn Before us at Circular Head the 4 February 1835 in margin on right hand side)

P 50

Some day last week Holland said after dinner in the Hut what is the good of being starved alive here there is no magistrate here now let us all go through the bush and I’ll lead you and me will find others to join and we will get clear of the place. The same Evening Holland said to one Donovan won’t you go I told him not to speak to me about such things as that as my Sentence is too short for me to risk any thing of the kind. Holland repeatedly spoke to me to be one of a party to do something to get our liberty I have always declined having anything to say to him. (I did crossed out)

Donovan cross examined by Holland I did not go into the big hut on Wednesday afternoon complaining of the head ach nor did I see Hawkings coming in there. I was not in the big hut that day at all but I might be there at night. I do not recollect passing Holland and Harwood walking together between the big hut and John Thompsons hut when going through the bush (was spoken of above line). Holland did not propose (crossed out) oppose it but recommended it. Holland did not say that unless he had some grounds of complaint against their Master they would get an additional sentence by going through the bush.

Donovan re-examined has never heard there was anything in .. respecting taking the Schooner or the Settlement has not heard that Holland made any such proposition to any other person. On Tuesday Evening I was at the Big hut at eleven o’clock. I might remain there an hour. I think Allen was there. I do not recollect

P 51

Seeing Holland there. I do not recollect any one else that was there. I do not remember seeing Eldridge there but he might have been there nor do I remember Lemon or Driscoll there were several persons there but cannot recollect who they were. On recollection I think Hugh Holland was there when I was coming away outside the hut there were four or five others with him. I am sure Holland was there. I am almost sure Beach passed the party when I did and came away. I do not remember whether Allen was outside at the time. I do not remember whether Obrien was there or Glen. Some were sitting and some were standing and I went through the midst of them. Holland Ithink was one of three who was sitting. I am sure it was not on Wednesday Evening as I took Haynes bed down to him he having been sentenced to confinement. On my return from leaving Hayne’s bedding I think I called at the Big Hut it might be about eight oclock. I recollect seeing Harewood there. Lumby went into the Hut with me. We remained there about a quarter of an hour. I do not recollect seeing Holland there.

Donovan cross examined by Holland.

I met Holland one Evening this week carrying his bed from the Big hut to the painted hut. I was then coming from the painted hut Duke was with me carrying Haynes’s bed. I do not think this occurred the night after. I saw Holland sitting with the other men at the Big hut. On recollection I think this occurred two nights after

(pencil comments in margin on rhs)

P 52

(in pencil at top of page 6 31 Mar)

After and I am positive it was on Tuesday night I saw Holland at the Big Hut.

John Donovan

Sworn before us at Circular Head 31 January 1835

Sworn before us at Circular Head 4 February 1835

The Information and further Information of Hugh Holland having been read over to him in the presence of and hearing of James Glen.

James Glen declines asking Hugh Holland any questions.

Hugh Holland on his Oath states I have not on the subject of taking the schooner had many conversations with James Glen. On last Wednesday evening we conversed together on the subject. Glen recommended that the settlement should be taken on Sunday night, and not to wait till the Edward returned from Launceston for fear that something might occur to prevent it from being done. He said that delays were dangerous. Glen said that the Vessel was to be taken when she arrived from Woolnorth last time; that there was always something occurring to stop a thing being done when once it had been arranged. I told Glen that we should await the decision that should he come too. Sunday at the Western Plains Hut where they were all to meet. We parted with the understanding that we should all meet at the Western Plains on Sunday afternoon.

Hugh Holland

Sworn before us at Circular Head the 4 February 1835

Sworn before us at Circular Head the 31 January 1835 Edward Curr

P 53

James Glen states that he was not at the Invalids Hut any time on Wednesday. Cannot say that he saw Holland on that day. He is sure he had no conversation with him. I was at my hut on Wednesday afternoon. I went there immediately after the bell rang and I did not leave the hut the whole of that Evening. I went to bed a little after dark; it might be nine or ten oclock. On Tuesday last I went home to my hut immediately the bell rung and I did not leave it again that evening. I live at the painted hut. I did not see either Allen or O’Brien anywhere on that Evening except in our Hut. I have heard it lately said that if this place did not mend many of the men would go to Launceston thro’ the bush.

James Glen my mark

Taken before us at Circular Head the 31 January 1835

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of Henry Harewood

Henry Harewood declines asking Holland any questions.

Hugh Holland on his Oath states on Tuesday afternoon I saw Harewood at the Invalids Hut. I asked him if he would be willing to join a party to take the Settlement and the Schooner Edward. He told me that he should be very glad to do so, but that he had then

Taken before us at Circular Head the 4 February 1835

(pencil notes on rhs column of binding)

P 54

Then something else in his head. I asked him what it was, and he said that he did not wish to tell me, but that he had three bullets for that purpose; and should he not be approved of by the rest of the men on account of his being a boy, he would then do something by himself, but that no one should know it but himself lest any one should inform against him. I told him that I thought the others who were in the party would not disapprove of him because that, as he was a carpenter, should anything happen to the Vessel he could repair her. Very well, said he, if they like to have me I shall play my part. He said that he would give his consent to the plot. I then told him that we were all to meet at the Western Plains Hut after Church on Sunday. Harewood replied that he would leave the Invalids Hut on Saturday so that he might go out to the Western Plains on Sunday without being noticed. In parting Harewood again said that should he not be approved of he would do something by himself but that no one should know it but himself. He shewed me three bullets. I said to him these will do, and he then went and planted them at the further foot of the bed opposite the door, between the bedstead foot and the wall.

On Wednesday night I again saw Harewood at the Invalids Hut and acquainted him of what passed between me and Hawkins, he acquiesced in what Hawkins had said to me, and said that he was very glad of it, and wished tomorrow was the day. He said that he would be sure to be at the Western Plains hut on Sunday as arranged the day previous. I had no ( t had any crossed out) conversation with Harewood at that time about taking the Schooner

Hugh Holland

Sworn Before us at Circular Head the 31 January 1835 Edward Curr

Sworn Before us at Circular Head the 4^th February 1835

P 55

Henry Harewood denies having had any conversation with Hugh Holland on the subject of taking the Settlement or the Schooner. I was not out of my Hut at all on Wednesday night. Cannot say that Holland was in the Hut that Evening – does not recollect seeing Eldridge at his hut on Wednesday Evening; neither did he see Lemon or Driscoll. Has no recollection of seeing either of these at the Hut on the Evening previous to Wednesday. I have resided at the Invalids Hut for the last week. I deny ever having shewn any balls to Holland. I never had any conversation with him respecting them on Wednesday afternoon I recollect walking with Holland to the end of the hut. I do not recollect any one pass at the time. I did not see Hawkins at the Invalid’s Hut on Wednesday.

Henry Harewood

Taken Before us at Circular Head the 31 January 1835

John Higgs (?), an assigned servant of the Van Diemen’s Land Company, being first duly sworn states:- On last Thursday I was working with Hugh Holland at the Western Plains. Holland said to me that he would throw a hammer away before he was a work order. I would no reply to this. He then asked how I would ? ? in the Schooner for my liberty. I told him, no; and he replied that he, (Holland) was the man that would do to. The conversation then dropt, and I know no more confirming it.

John Higgs his mark

Sworn Before us at Circular Head the 4 February 1835

(In margin on rhs of page

Taken Before us at Circular Head the 4 February 1835

P 56

(pencil note (7) top of page)

Circular Head 2 Feby 1835

Present Edward Curr Esqre and John Hicks Hutchinson Esq

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of James Haynes

James Haynes declines asking Holland any questions

Hugh Holland on his Oath States I had conversation with James Haynes to take the Settlement and the Schooner on last Sunday but one when I was cutting his hair at the Painted Hut. I asked him if Allen had spoken to him respecting what was going to be done and he said he had not. I told him Allen was to have spoken to him respecting taking the Settlement and the Schooner he asked me if it was going to be took I said it was I asked him if he would be one he said he would but he doubted it would not come to pass. I asked him if he would give me his name to be one. He said he would. And that he would make old Curr swet. I told him we should have a meeting at the Western Plains hut on Sunday and he promised to meet us there. This was in the morning a little before Mr Curr and Mr King came to the Invalids Hut. On Tuesday

P 57

Tuesday last he came into the Big Hut and he asked me if this was going on or not and whether I thought it would come to a head and I told him I was sure it would. We did not say more just then as Harewood was in the Hut and I was not to speak to two persons together except Allen Christy and Glen. On Monday Haynes had been punished and after the Conversation I looked at his back to see how men were punished here. Harewood was present and I think also Donovan. Haynes said it did not hurt him much. He put on his Shirt and went out of the Hut to his Work. This was in the afternoon near upon three o’clock. He left his team I understood him in the Cow Yard where he was loading dung.

Sworn Before us at Circular Head the 2^nd February 1835

Edwin Curr

Sworn Before us at Circular Head the 4^th February 1835

James Haynes states that on Tuesday last he was not loading dung nor had not his Bullocks in the Cow Yard but that he was loading Timber from the Old Stores to the Carpenters Shop. Holland cut his hair on Sunday Morning as he states. Holland looked at my back in the Invalids Hut the day after I was punished. Knowland and Harewood were present. Donovan was not there I cannot tell what time of the day it was, then says between twelve and one. Haynes states he will not answer any more such questions.

Haynes declines signing his Statement.

Taken Before us at Circular Head the 2d Feby 1835

Taken Before us at Circular Head the 4 Feby 1835

P 58

Hugh Holland further on his Oath states That Knowland was not present in the Invalids Hut when he looked at Haynes’s back and that it did not occur between twelve and one at dinner time.

Sworn Before us at Circular Head 2^nd February 1835 Edward Curr

Taken Before us at Circular Head the 4 February 1835

As Haynes was being removed from the Question Room Harewood & Knowland were waiting outside. I went out with Haynes to see that he had no common nicatarre with them, and he shouted out to them the evidence they were to give respecting the inspection of his back by Holland.

Edward Curr

Henry Harewood states that he saw Haynes back after he was punished in the Invalids Hut. I could not say whether it was Morning or afternoon.I can’t say it was during dinner time. Holland was present. I cannot say that Knowland was present nor can I say was Donovan present. I could not say that it was the same day that he was punished but it must be either (one or the Other, crossed out) that day or the day after. Henry Harewood

Taken Before us at Circular Head the 4 February 1835

Taken Before us at Circular Head the 2d February 1835

P 59

John Knowland states I saw Haynes back in the Invalids Hut after he was punished I can’t say it was the day he was punished or the day after. I do not know whether it was in the forenoon or afternoon or when it was. Holland and Harewood were present. I do not think Donovan was present. Holland was the person who examined Haynes’s back.

John Knowland

Taken Before us at Circular Head the 2d February 1835

Taken Before us at Circular Head the 4 February 1835

Thomas Bates Assigned Servant of the Van Diemens Land Company being Duly Sworn States. Holland was at work with me in the pea field the week before last and he drop’d work being sick I think on Friday on that day in the Painted Hut he advised that when we got our rations on Tuesday that we should all start for Launceston. That there was no Magistrate here and that we could get away as the Chain Gang in Launceston was a fool to this. On Saturday Night I was going from the Carters Hut to the Painted Hut and I fell in with Holland and we went on together. I said to Holland I should think the men would not be so foolish as to go through the bush. He replied that if they did go they would get twelve Months in the Chain Gang but

P 60

(8 and 2d Feby in pencil at top of page)

But that if he could get ten men in his mind he would kill all the people below and then go up to the head and serve them the same there and then go and take the Schooner and get his liberty. He asked me if I would be one I answered no. my sentence was short I could wear that without doing such things as those. I did not mention this conversation to anybody until the men charged in this plot were locked up for I believe he was the ring leader of all and the instigator of all that has been done. I thought the proposal was a pack of foolishness altogether.

Thomas Bates Cross examined by Holland. The advice given by Holland in the Hut was on that day he fell sick. It was some day the latter end of the week. I am sure this advice was given before Saunders and Hart were taken out of the painted hut on Saturday night. I know particularly the conversation respecting killing all below and on the Head took place on the Saturday Night and that it was (after crossed out) a day or two after the advice that Holland gave in the Hut. It was on the Saturday Night that Mr Curr took Saunders and Hart from the Painted Hut that Holland spoke to me about killing the people. I am positive I have had no conversation with Holland since that time.

Thomas Bates his mark

Taken Before us at Circular Head the 4 February 1835

Sworn Before us at Circular Head the 2^nd February 1835

P 61

William Green an assigned Servant of the Van Diemens Land Company being duly Sworn States. On last Thursday evening I had conversation with Holland in the Painted Hut he asked me if I could supply him with some gun powder I replied that I could not supply him with any. I asked Holland what the powder was for if it were to shoot birds he answered that it was not that it was for quite another thing.he said that he had a party of ten men ready to take the Edward when she returned from Launceston. He asked me if I would join the party. I answered him no this conversation took place at the fireside the rest of the men were at the further end of the Hut and there was no one but Holland and I together. Nothing at all was said about making up a party of twenty men for my purpose. I did not mention the conversation that passed between Holland and me till after the men were apprehended This conversation passed the night previous to the apprehension of the men. I do not remember that Duke came in and interrupted our conversation I think it was near nine oclock at night. After the conversation I went to the Green bower Hut and stayed there half an hour.

William Green his mark

Sworn Before us at Circular Head the 2d February 1835

Sworn Before us at Circular Head the 4 February 1835

P 62

James Rowe an assigned Servant of the Van Diemens Land Company being duly Sworn States. On Monday night last when I was taking down the bread for Haynes who was in Confinement I had to pass the Big Hut. Holland was there and Donovan and several other men I remember Holland and Donovan and what they said to me. This was a little before dark. I returned as soon as I delivered the bread for Haynes and it was dark before I got back to the Big Hut. I then went into the big Hut and stayed a few Minutes there were several men seated about a good fire. Holland and Harewood were two of them but I cannot say who the rest of the men were. I cannot say whether Lemon was there or not or Glen or Donovan or Eldridge or Driscoll or Allen or MacNulty or Homer or O’Brien or Beech.

James Rowe

Sworn Before us at Circular Head the 4^th February 1835

John Hart an assigned Servant of the Van Diemens Land Company being duly Sworn States. Taprell Mr Schayers’s Servant told me nearly three months ago that he believed there were some men going away he (ask crossed out) did not say anything to me about blue clothes he asked me if I had a pair of blue Trowsers to sell him I refused to sell them he did not tell me to take care of my blues. He did not tell me the Schooner was to be taken

P 63

This time as afterwards it was not likely to bring provisions. I have not told James Hay any such things as this. I have not had any conversation at all with James Hay about the Schooner. I told James Hay Taprell wanted to buy a pair of blue Trowsers from me but I would not sell them when I was sworn just now I might have kissed my thumb instead of the book.

John Hart his mark

Sworn Before us at Circular Head the 2^nd February 1835

Henry Hutchi (n crossed out)son an assigned Servant of the Van Diemens Land Company being duly Sworn States last Sunday week the Cows had got into Preston’s field and Hugh Holland Eldridge and myself were going to drive them out when some one shouted there goes Hughy Holland the Irishmans Son. Holland turned round and said if I had ten men more like myself I would have my liberty in a fortnight.

Henry Hutchison

Sworn Before us Circular Head the 2^nd February 1835

P 64

(9 and 2d Feby in pencil at top of page)

James Hay an Indentured Servant of the Van Diemens Land Company being duly Sworn States. John Hart the Shoemaker told me on Friday that Mr Schayers Servant Taprell had told him to take care of his blue clothes that such things would be wanted. That some of the men had it in view to take a Whale boat. Jas Hay

Sworn Before us at Circular Head 2^nd February 1835

Edward Curr

Henry Sheldon Field Police Constable of Circular Head being first duly Sworn States. I had some conversation with Saunders on Wednesday last I believe about Bromleys robbery.

Henry Sheldon his mark

Sworn Before us at Circular Head the 2^nd February 1835 Edward Curr

P 65

Information & Examination in Case of Alleged Conspiracy to take the Schooner Edward & Settlement of Circular Head Jany 1835

P 66

(Printed document in bold)

POLICE OFFICE, HOBART,

February 3^rd 1835

IMMEDIATE.

MEMORANDUM.

His Excellency The Lieutenant Governor having ordered the Convicts named in the Margin to be disposed of in the manner set forth opposite their respective Names

The Police Magistrate at Richmond will forthwith cause their removal from the Gaol of his District to their respective stations of Punishment.

N.B. In all cases of Prisoners being ordered by the Lieutenant Governor to Port Arthur, they will be sent to the Prisoners’ Barracks at Hobart.

(following names written vertically on left hand side of page)

David Evans 241 To be removed from his Services and sent to Restdown Assignable Gang

James Clarke 709 Returned to Government and sent to Bagdad Bridge Assignable Gang

Edward Tingay 644 To be Imprisoned and kept to hard labor for Three Months in Grass Tree Hill Chain Gang and afterwards to remain in the road party under his former Sentence.

Hannah Lloyd 821 Original Sentence extended One Year to be returned to and sent to the Factory Hobart Town

P 67

Hugh Taylor 789 To be returned to Government and sent to Perth Assignable Gang

William Bell 1101 To be Imprisoned and kept to hard labor two Months in the Grass Tree Hill Chain Gang and afterwards to be sent to Restdown Assignable Gang

Joseph Wilkins 952 To be Imprisoned and kept to hard labor One Month in Grass Tree Hill Chain Gang and afterwards to be sent to Restdown Assignable Gang.

William Ogden 94 To be Imprisoned and kept to hard labor Two Months in Grass Tree Hill Chain Gang and to be returned to the road party

Elizabeth King 49 Eight Weeks in the Female House of Correction Hobart to be kept at the Wash Tub and returned to Government service.

James Murdoch 932 To be Imprisoned and Kept to hard labor Nine Months in Grass Tree Hill Road Party and returned to Government Service.

P 67

Mary Kennary To be Imprisoned and kept to hard labor at the Wash Tub Two Months at the Factory Hobart Town

(written vertically on lhs of page)

P68

P69

Distress Warrant (1835 in pencil top right of page)

Island of Van Diemen’s Land, To Wit

To Mr Anthony Cottrell Chief Constable of Launceston (in ink) the said Island, and to all petty Constables and other whom it may concern

Whereas Joseph William Bell of Launceston in the said Island was on the twenty first day of February 1835 at Launceston in the said Island, duly convicted, before William Lyttleton, Henry Arthur and Ronald Campbell Gunn Esquires – three

Of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, upon an Information in that behalf duly exhibited before me the said Ronald Campbell Gunn Esquire

For that he the said Joseph William Bell on or about the ninth day of January 1835 did sell barter or exchange a certain quantity of Wine above the quantity of five Gallons to this eighteen gallons of Wine more or less. The said Joseph William Bell not being duly licensed as a Wholesale Dealer in Wine and Spirituous Liquors

Contrary to the Provisions of the Act in Council of this Island, No: 5 of the 9^th of Geo. 4^th entituled “An Act for the Licensing of Wholesale Dealers in Wine and Spirituous Liquors

By which said Offence, and by Virtue of the said Act, he the said

Joseph William Bell

P 70

Became liable to pay the Penalty or Sum of Ten Pounds besides the Costs and Charges of the said Conviction, which Costs and Charges were on the said twenty first day of February ascertained and assessed at the Sum of Ten Shillings the said Penalty or Sum of Ten Pounds to go and be distributed as in and by the said that is provided

And it appearing to me the said Justice, that the said Joseph William Bell hath neglected to pay the said several sums, or either of them, or any part thereof, and that the same still remain unpaid, I do therefore herby authorize and require you the said Constables, or either of you jointly or severally to forthwith make distress of the Goods and Chattel’s of him the said Joseph William Bell

And if within the space of five days next after such Distress by you taken the said penalty or Sum of Ten pounds and also the Costs and Charges of the said Conviction shall not be paid, that then you do cause the said Goods and Chattels by you seized to be appraised and sold, rendering the overplus, (if any), to him the said Joseph William Bell after deducting the said Penalty or Sum of Ten Pounds and Costs and Charges as aforesaid, as well also the Costs and Charges and all incidental expenses

Of the said Distress and Sale and which said Penalty or Sum of Ten Pounds you are to pay to me the said Justice to go and to be distributed, as is herein-before mentioned, and if sufficient distress cannot be had or found whereupon to levy the said Penalty or Sum of Ten pounds and Costs and Charges as aforesaid, you are herby required to certify the same to me, together with the return of this precept. Herein fail not.

Given under my hand and seal at Launceston this seventeenth Day of March One Thousand Eight Hundred and Thirty five

Ronald C Gunn JP

P 71

Joseph Wm Bell Distress Warrt. Fees & Costs 10.10.-, Warrt & Serv -10.8, 11.0.8

P 72

Copy ( crossed out) Extract

Received Police Department March 29 1845 (black stamp top right of page)

Police Office, Circular Head 5^th February 1835

Present Malcolm Lang Smith and I H Hutchinson Esquires

John Allen, Alfred Hawkins, Andw. Driscoll, Wm. Leman, Jno. Knowland, James Glen Heny. Harwood, James Haynes and Christopher O’Brien

Convict Servants to the V D Land Company. Examined on charge of Insubordination (see accompanying Informations). Plea: Not Guilty

Sentence “We find the Prisoners Guilty and sentence Alfred Hawkins, John Knowland, and James Glen, to have their original sentences of Transportation extended three years and recommend that they be worked in a Chain Gang. Jno. Allen to have his sentence of transportation extended three years and recommend be sent to Port Arthur. Christopher O’Brien to be transported to Port Arthur three years and Henry Harwood two years, also James Haynes two years, and Andrew Driscoll and Wm Leman to be Imprisoned and kept to hard labour two years.”

P 73

To His Excellency Sir Tno (?) E Eardley Wilmot, Bart. Lieutenant Governor of Van Diemens Land, &c. &c. &c.

The Petition of James Glen per “Larkins” (14 yrs) praying remission of sentence of Extension.

Respectfully Showeth That your petitioner arrived in this Colony in 1831, under sentence of 14 years Transportation and in January 1835, was tried on suspicion of conspiring to take away the Schooner “Edwards” from the VDL Company at Circular Heads and on one mans Evidences received sentence of 3 years extension in chains, to his original term of Transportation. I your petitioner accordingly underwent the three years in chains in “Launceston” & “Westbury” Chain Gangs.

That your petitioner has been for several years employed as overseer in the Roads Department and has endeavoured by assiduity and zeal in the discharge of his duty to earn the confidence of his Superiors, and render his Services beneficial to Government and petitioner has also been employed for a considerable period in the Constabulary of the Territory in which capacity he has also attested himself to the best of his ability in the apprehension of several absconders and the other duties of his Situation. that your Petitioner humbly refers

P 74

Refers to the Testimonialy herewith annexed and the length of Time has been in the Colony almost all of which period he has been in the service of Government, and also to the fact of his original sentence having expired in November last – and therefore humbly prays – That your Excellency will take his case into your humane consideration, and in consequence of his original sentence having expired – of the recommendations hereto annexed – and of the fact that the sentence of extension he now labours under was passed on petitioners on the evidence of one Witness, & that only on Suspicion of a Conspiracy, which was never attempted to be carried with effect – that your Excellency will be graciously pleased to order a remission of the sentence of three years Extension so passed upon from Petitioner as above mentioned

And Your Petitioner Will Ever Pray James Glen Hobart Town Penitentiary 9^th April 1845

P 75

This is to certify that I have known the petitioner for three years to be a honest and industrious man

James Robertson

P 76

The petition of James Glen per “Larkins” for remission of sentence of Extension

P 77

(black stamp top left of page Received Princl. Super… Department September 22 1841)

234 41

To His Excellency Sir John Franklin KCMB K Lieutenant Governor of Van Diemens Land and its Dependencies &c &c &c

The Humble Petition of – No 493 Robert Fergusson – per “Larkins” Most respectfully sheweth – That your Petitioner arrived in this Country per “Larkins” in Octr. 1831 under sentence of Transportation for “Life.” – That in October 1837 Your Humble Petitioner was sent to Port Arthur under a Colonial Sentence of “Life” for a period of Five years – That your Petitioner has performed “four years” of the sentence to this Settlement and has been employed as Overseer at Out Stations for

P 78

A long period and being employed in a trustworthy manner has proved himself deserving of it.

The Prayer of Your Humble Petitioner is that Your Excellency in consideration of the long period of his servitude his conduct and testimonial annexed may grant him a remission f the remainder of his Sentence – and his life will prove the sincerity of his gratitude card (?) Your Humble Petitioner as in duty bound will ever pray &c &c &c

The Conduct of the Memorialist has been very exemplary and deserving – an attentive and industrious man Charles O’Hara Booth … Port Arthur 22 Sept 1841

P 79

The Humble Petition of No 493 Robt Fergusson praying for remission of sentence

P 80

(black stamp at top left of page Received Princl. Superint’s Department May 3 1842)

To His Excellency Sir Jno Franklin KCMNK Lieutenant Governor of the Island of Van Diemen’s Land &c

The humble petition of 641 George Farris per Chapmans & holding a Ticket of Leave and praying for such further indulgence as His Excellency may deem him deserving of Most Respectfully Sheweth that your Excellency’s petitioner was tried and convicted at the Supreme Court Launceston on the 11^th February 1834 and received Sentence of Transportation for Life and arrived at Port Arthur on the 19^th October following where after the regulated period he was as a reward for good conduct placed in a Situation and in Consequence of a Steady Perserverance in such Conduct was on the 1^st June 1838 Appointed to the Constabulary of the Peninsula in which he is Still Serving – That

P 80

That petitioner most humbly begs to state that he has for some time past been in charge of the Constables Station at Wedge Bay during which he has apprehended various Absconders both from the Settlement and out Stations and some of them of very bad character but he more particularly wishes to bring under the notice of Your Excellency that he with a party under his orders apprehended and brought to Justice Eleven most notorious Characters who had absconded from Port Arthur and were under Arms Nine of whom had recently arrived from New South Wales and among whom was the Notorious Westwood Alias Jacky Jacky – Petitioner therefore most humbly hopes Your Excellency will be good enough to take the Above into Consideration – the strict line of conduct he has pursued since his Conviction – the length of time he has been at Port Arthur / Nearly Eight Years – four of which in the Constabulary/ together with the testimonials hereunto annexed and be pleased to extend to him such further indulgence as Your Excellency may deem him deserving of

And Petitioner as in duty bound will ever pray George Farris Port Arthur 28 April 1842

P 81

It affords me much satisfaction to be able from observation of petitioner good conduct since he has been at Port Arthur & in the constabulary to recommend the prayer of his petition for the favourable consideration of His Excellency the Lieut. Governor T L Lempriere DAcy. JP 30/4/42

The Conduct of the Memorialist has at all times been most exemplary and deserving – intelligent and above in his duties – Charles OHara Booth Com

P 82

(Written vertically on left hand margin of page

Referred for report of The ? ?/////17/3/45)

Prisoners Barracks, Hobart 4 March 45

Respect’d Sir I most humbly beg to be permitted to intrude on your valuable time under the following circumstances on the November 4 1843 I was taken to the WatchHouse at Brighton under a charge of having detained a letter and on being taken there I was searched and the Watch House Keep Nichols took From me 4- a Constable named McDonald being present at the time and whose attention I called to the Circumstance, and also my Master Mr Thornloe the

John Price Esqure. ??

Next day on my examination before Mr Forster the P Magistrate of Brighton stated that he was aware of my having the money & that it was honestly come by, by me. I therefore Respectively he most humbly pray that you will see into my case that I may be allow’d to have my money when ? ? due for my indulgence and I shall be ever very grateful for the Same

I have the honour to be Respectfully Your obed servt Jeremiah Nicholls Pt. Canton

19/3/45

P 83

Jeremiah Nicholls Arr Van Diemens Land 12 January 1840

No 501 Pr. Canton tried at Sussex 29 July 1939. 15 years

(written across left hand margin in black ink Trade Labour Age 26 years in 1843)

(below in red ink)

Tranfported for Burglary Goal he put convicted twice before. ? Report Good Single stated thy offence HouseBreaking for coin and black duck single Report Tolerably good

Novr. 4/43 BW Ferry/ Having two letters addressd to J Espire & Certificae of Freedom of Harley Wilson in his Box & not being able to satisfacy account for the same to be removed from the Station to the Public Works Hobart

Novr. 22/43 PW/absent from the PBks at night six days Sol Conft. 14/6/44 3 Glass 26 Novr 44 ? Misconduct in representing himself free and being in a common brothel 3 mos Glenorchy Roe L G Decis 29-11-44

P 84

I recommend this ? hand over to the Registrar place din Savings Bonds for the Applicant ? 23’Apl.

P 85

(written diagonally across lower portion of page)

Jeremiah Nicholls applies for 4-4-1 taken from him in November 1843 when he was removed from the Bridgewater Ferry for misconduct. The ? at Pontville by whom the money was taken and paid into the Colonial Treasury states that he considers it a large sum for a man in his situation to have but it was ? ? that he came by it dishonestly. Under any circumstances the man would not be entitled to it at present as he does not hold a Ticket of Leave. April 1845.

P 86

The Sum of 4- (tear in paper) from this man (tear) carried to the Recd of Goverts in Novr 1843

(Detailed accts to the Colonial Auditor). It is probable that he got the money by his confusing people near the ferry at Bridgewater but I am not aware that I even expressed my sense of his honesty in the case – because it might have been as otherwise, and I think it is a good deal of money for a mere boatman to make in the way of fees – I certainly think that the forfeiture of the money ought to be a part of his punishment. March 10^th 1845 G M Forster ? Transmitted for The Wt. previous consideration (minor words in binding unreadable)

(black stamp) Received. Police Department March 31, 1845

This must be intended for the C A Magistrates John Price March 31 ?? The Chief Police Magistrate

P 87

Supreme Court Office 22^nd January 1836

In pursuance of an Act of Council passed in the sixth (crossed out) fifth (in pencil) year of the Reign of His present Majesty intituled “An Act to provide for the appointmen of Commissioners of the Supreme Court and to define the powers of such commissioners” It is hereby ordered that every Commissioner appointed or to be appointed under the said Act shall and may possess and execute within the limits of the place or district for which he hath been or shall be appointed all the powers and authorities mentioned in the first Section of the said Act in addition to the powers and authorities vested in him by the fourth Section of the same Act or by any other Act or Acts of Council.

2 And it is hereby Ordered that in the caption of every Recognizance and in the ? of every Affidavit shall be inserted in words at full length the name of the place at which such Recognizance and Affidavit shall have been respectively taken and made and the date thereof; and no erasure is to be permitted.

3 Every Oath in Ecclesiastical Jurisdiction is to be transmitted by the Commissioner under Seal to the Registrar of the Supreme

P 88

Court as soon as conveniently may be after it is administered.

4 Every such Commissioner may demand and receive the fees following viz.

For every Recognizance when ordered to be taken before a Commissioner s 10-

For every affidavit at Common Law 1.6

Ditto in Equity 2.6

An Ecclestiastical Jurisdiction

Every administration Oath 5 – Every other Oath 1-6

A L Pedder

P 89

Supreme Court Office 22^nd January 1836

Sir

I am directed by Their Honours the Judges to transmit to you the accompanying Copy of an Order which has been this day made by Their Honors relative to the powers &c of Commissioners of the Supreme Court appointed under the Act of Council therein mentioned.

I am desired to point out to you that, upon attentively perusing the Act for the appointment of Commissioners, you will perceive that, in addition to the cases mentioned in the 4^th Section of that Act, and the Cases specially provided for by any other Act of Council, the only Affidavits and Oaths

John Clark Esq. Commr. Of the Supreme Court

P 90

Oaths which can be made before you, are such as may be taken in Equity matters before a Masters in Chancery, and in Ecclesiastical proceedings before a Surrogate, and Affidavits to hold to Bail: – and that the only Recognizances, which can be taken by you, are under the Newspaper Act, in such cases where the Chief Justice may make a Special Order for that purpose. I have the honor to be, Sir, Your obedient Servant G W Stephens (?)

P 91

Supreme Court Office 26 January 1836

Sir,

With reference to my Letter of the 22^nd instant (the script of which has not been acknowledged) I have now the honor to acquaint you, that some slight alterations have been made in the Rule of Court there transmitted to you: and by desire of their Honors the Judges I forward herewith a copy

Of the Rule as amended. I have the honor to be, Sir, Your very obedient Servant, Geo W Stephens

John Clark Esq. Commissioner of the Sup. Court

P 92

Supreme Court Office 22^nd January 1836

In pursuance of an Act of Council passed in the Fifth year of the Reign of His present Majesty intituled “An Act to provide for the Appointment of Commissioners of the Supreme Court and to define the power of such Commissioners” It is hereby Ordered that every Commissioner appointed or to be appointed under the said Act shall and may possess and execute within the limits of the place or District for which he hath been or shall be appointed all the Powers and authorities vested in him by the first Section of the said Act in addition to the Powers and Authorities vested in him by the fourth Section of the same Act or by any other Act or Acts of Council which have been or may be passed.

2. And it is further Ordered that in the Caption of every Recognizance and in the ? of every Affidavit shall be inserted in words at full length the name of the place at which Such REcongizance and Affidavit shall have been respectively taken and made and the date thereof

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And no erasure is to be permitted in such Caption or Jurat (?)

3. Every Oath in Ecclestiastical Jurisdiction is to be transmitted by the Commissioner under Seal to the Registrar of the Supreme Court as soon as conveniently may be after it is administered.

4. Every such Commissioner may demand and receive the fees following viz.

For every Recognizance when ordered to be taken before a Commissioner 10s-d, For every Affidavit at Common Law 1-6. Ditto in Equity 2-6.

In Ecclesiastical Jurisdiction

Every Administration Oath 5-, Every other Oath 1-6

(Signed) A L Pedder A Montague

P 94

26 Jany 1836 Clerk of the Supe. Court Enclosing order of Court respect. The Commissioners

P 95

Copy

Launceston 23 Feb 1836

Sir

I beg leave to request that you will grant me a wholesale license, the ? intended to be occupied by me in a cellar under Mr Russells house in the Church Square 22 feet by 20 feet. I have the honor to be Sir, Your Most Obt. Servant Mungo Sommerville

G L Davies Esqr. Asst Colonial Treasurer

(printed document attached to p 95)

No 120 Internal Revenue Van Diemen’s Land

Permit Mr Mungo Sommerville of Launceston To Receive one hundred and twenty Gallons of Colonial Spirits Strength, (presf?) as under part of the Stock of Mr David Mc? Distiller Caledonian Distillery. This Permit to be in force from ten o’clock Sept 9^th Ins. For the Goods being sent out of Stock, to three o’clock P.M> 9^th Inst. For the same being received into Stock, Witness my Hand, this eight Day of June 1836. Granted by St John E Browne Inspector

3 casks 120 gall (?) Spirits

P 96

1836 (in pencil top right of page)

James Freeland sworn saith I am Overseer to Mr Gleadow to whom the Prisoner John Smith is assigned. Yesterday morning the 9^th May instant I left the Prisoner in charge of the Pigs – when I returned home in the afternoon I found him absent from his duty and that he had allowed the Pigs to get into the Garden and destroy a quantity of Potatoes in a (garden crossed out) Pit – one of the Pigs was dead which he said was drowned – he has before offended in this manner. James Freeland.

Plea Guilty. Twenty five lashes and Retd. To Gov.

(mark in left hand side margin John /2/ and General (in pencil)

P 97

Freeland v Smith (a prisoner) neglect of duty Twenty five lashes and to be Returned to Government

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(Coat of Arms) June 1836 (in blue pencil top right of page)

Van Diemen’s Land (To Wit). Information. Be It Remembered that on this ninth day of July one thousand eight hundred and thirty six at Launceston in the Island of Van Diemen’s Land William Peel of the same place Constable personally came before me John Clark Esquire one of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, and gave me to understand and be informed that on the twentieth day of June last past “James Corbett of Launceston at certain premises situate in the Wellington Roads in Launceston aforesaid, did sell and Retail Malt Liquor in a less quantity than Five Gallons of lawful measure (to wit) one pint of Beer without having obtained a licence in the manner and form by the act in Council herein after mentioned. The said James Corbett not being nor being known as a practising apothecary, Physician, Surgeon, Chemist or Druggist. Whereby the said James Corbett hath under and by virtue of an (in ink above 4^th Wm.4^th No. 8 Sec. 44) Act made and passed in that behalf forfeited for his said Offence, a penalty of not less than Ten pounds nor more than Fifty pounds together with the costs and charges of and attending the conviction for the said offence; and the said William Peel prayeth that the said James Corbett may be summoned to answer the premises. Taken the day and year first above written John Clark Thursday at 10 Wm. Peel

Plea Not Guilty.

P 99

August 8 1836 Peel v Corbett Breach of Pub. Act. Dismissed.

Dismissed. Present for his blast asst George King Esquire August 8 1836

P 100

Copy. (in pencil top right of page July 1836)

Westbury Island of Van Diemens Land. To wit

The examination of Thomas Richard White saith I was in the service of Mr John Archer Launceston previous to my taking the Bush. John Camplin was in the Bush with me, I went down the river and he came town 10 days after, I heard the deposition of Mr Jones’s nephew yesterday and all that he said was perfectly true except that is was a Rasor which Camplin had, and not a Knife, I absconded the last day in November. Soon after we absconded we went to work for a Mr Barrett, to strip bark at the Devils Elbow. He knew we were absconders and he only gave us our Provisions for what we did. We worked for him 3 weeks. After we left him we built a hut in the Bush and when we wanted Provisions, we used to go to him and he gave us. We made him no return for our food and in consequence of me and the other Man having a Quarrell we left the hut and separated for about a week. I was sorry we had quarrelled and then went back to the hut. We were without Provisions and Camplin gave me a watch to try and get some Provisions, he said he got it from the Supply Mills, and I afterwards heard there was a Watch missing and belonging to Mr Thompson the Millwright. I sold it to a Man of the name of Wilson a stranger, he gave me some Tea Sugar Flour and Tobacco to the amount of about

P 101

10/- for it. He knew I was an absconder. I then returned to the hut and Camplin told me he had robbed a Hut of some Clothes about 2 Miles from Mr. Jones’s. There was a Hat, 2 Shirts, 2 Waistcoats, 2 Handkerchiess and a fustian coat, one of the waistcoats was a plush one, it was of a Bluish Colour, when we left the Hut we planted the Hat and Coat in a hollow Tree, we then went down to the Devils Elbow River Tamar to see if Nelson would buy these things, but he was gone to Town. There was a Man of the name of Finlay who slept in the same hut as Nelson did before he left, he gave us for the things except the shooting Coat Hand and 2 Handkerchiess.Tea, flour, sugar and Tobacco to the amount of 30/- for them. I then went back to the hut and I went out kangarooing one night and I lost my dog and I went back to the original house of the Dog, of the name of Elliott at the river but the dog was not there. I then went back and Camplin said, we had better go and look for the dog as it might let lead to a discovery. I afterwards ascertained that Finlay had killed the Dog, we then had another Quarrell and I said I would go and give myself up, I tried to persuade

P 102

Him to do so but he would not. Two or 3 days afterwards I went into Launceston and hearing the Constables were after me I took a Boat and went down the River and was taken in my passage down. I acknowledge to have assisted in killing the Two Sheep found in the 2 Bags by Mr James Shepherd, the Bags we got from Kinlays and the Kangaroo skin cap is Camplins. I do not think they are Mr Jones’s sheep as they were killed a long way from Mr Jones and I had seen them before they were very wild and had long wool. The Dogs that the Shepherd saw us with, one of them was taken by Camplin at the Supply Mills. The red Dog we lost on the day we had the struggle with the shepherd when we were at Port Sorell Camplin knew some of the Sawyers and splitters there and they gave him some Provisions but I never went near them myself. There was some women there and a black woman. We were all round by Frogmore and only saw one Man there During the time we were on the north side of the Meander we had a Hut about 4 Miles from Mr Jones’s Place. We lived at the Time upon Kangaroo and we sold the Skins to Kinlay for flour and other articles. We killed some hundreds of Kangaroos and

P 103

Camplin (crossed out) Kinlay used to allow us 4d a piece for the skins. We never killed any more than the 3 sheep. During the time we were about the supply flats we fell in with a Man, having a Kangaroo Coat on, a pair of canvass trousers patched with skin, a pair of Mocassins made of Wombat Skin and I think a Scotch Cap, he had a double barrelled Gun and a Knapsack, he stood better than 5/5 and of a fresh coloured complexion but we had no conversation with him and he was going towards the Tiers, he told us to go on. I have just heard the description of Samuel Britton and the Man that we saw answered his Description at the Time we were about Mr Jones’s we saw a Man with 4 or 5 dogs and we one day saw Mr Wright’s man with some Bullocks. I never sold or gave away any flour or wheat to any person during the Time. I was in the Main of the Mill on the River Tamar. This my voluntary confession. I neither expect reward or a recession of Sentence for giving this Information and no hope has been held out to me and now do it in feeling sorrow and regret for my past conduct. I omitted to state that at a short distance from the place where I meet the Man with the double

P 104

Barrelled gun that there was a hut apparently fresh made on the Top of a Hill and about 8 Miles from the Supply Mills there was also the remains of a Straw Hut by the side of the Supply Creek there was also a Piece of Ground found in as a Garden there was nothing in the Tent but there appeared to have been a fire a day or Two before. Thomas Richard White Witness Charles J Watkin

Taken before me this 13^th day of July, 1836. (indecipherable signature)

The further examination of Thomas Richard White about 6 Months ago when I and Camplin were in the Bush, we saw a Place, where a Bullock had been killed, we saw a Head it was a Brown Head and we also saw some Bits of Sheep Skins, this was at Barretts Creek, Harry James is an acquaintance of Camplin’s and I have no doubt that Camplin is with him as also a Black Woman down at Port Sorell.

Thomas Richard White Witness Charles J Walker.

Taken this 13^th day of July 1836 before me

Signed ? ? Old ? ? (indecipherable signature)

P 105

Present Pearson Foote Esqr. JP Charles Lonsdale Esqr. JP

The Prisoner on being asked whether this was his voluntary supepion replied “Yes.” That he had neither been offered reward, remission of Sentence or paid on or any other consideration for giving it. Taken before us this 13^th day of July 1836 Thomas Richard White

Pearson Foote ? ? True Copies ?

P 106

Westbury Island of Van Diemens Land To Wit

The information and examination of Henry Bonney saith I received instructions from the Magistrate to proceed on duty in the Bush on Thursday last and to take Thomas Richard White a Prisoner now in the Watchhouse and he led me to a ravine where I formerly found Brittons hut and about five Miles from that I saw another Hut and it was knocked down. He continued to lead me and about a Mile further I came to another Hut and White told me that was where he and Camplin and Britton had lived when we came to the place White observed the hut is down and he then took us to the Tree where the hat and Coat had been planted but they were gone. It was dark and we made a fire in front of the Tree and Slept in it that night and I then told him that there was somebody else engaged in this work besides him and he did not tell me then & the next morning I asked him again, he said he would tell me the truth and he was afraid he should be hung. I said I could not say but I

P 107

I would speak to the Magistrate at Westbury and I dare say he would do all he could for him. He then told me that he (Camplin) & Britton had lived at the huts. I said I thought so by the work. He then said he was at Kinlays one night and that Kinlay laid him on to Britton. He said Britton had a double Barrell’d Gun makers name “Manton” and Camplin had a Musket the one that Jeffries used to carry. He then shewed me a Garden – there were Two Beds of Turnips and about 100 Yards from the Garden White shewed me a box let into the Ground and covered over with Bark it was 3 x 21/2 ft they salted the meat in the Box – he then took me to a large Stringy Bark Tree that he said they used to keep the Kangaroo Skins in – On the way home I saw a good many Sheep Bones and upon my observing to him “you have killed a good many sheep” – he said yes, he had killed some I told him he had better tell me every thing. He said he would and that we should soon come to where he had killed Two of Brumbys Sheep. When we came opposite to the place he went with Two Constables and brought them skins out of the Scrub. As a proof of

P 108

Of the Statement I have brought home some of the Wool, the Skins were rotten and when we came near Mr Jones’s I asked the Shepherd to shew me where he fell in with White, which he did, and the Shepherd and Two Constables went to where the Skins were planted near the Brushy Creek on Mr Jones’s Land and they were branded JA Mr Jones’s Brand. He told me that he Camplin & Britton had stolen some (x 53 or 54 ewes in margin) sheep and they had taken them to the Tamar and sold them to a man of the name of Kinlay at the Devils Elbow, all at one time – some were branded JA and some had a swallow tail in one year, and some branded RD.

Taken and Sworn before me this 18^th July 1836 Signed Henry Monn ??

A True Copy ??

P 109

Westbury Island of Van Diemens Land To Wit

The information and examination of Thomas Richard White saith I accompanied Mr Bonney into the Bush and acted as leader to the party. I took him to a Valley between Westbury and the Tamar. I first shewed him a small hut in which I, Camplin and Samuel Britton pulled down. This was the hut built by me and Camplin.During the time we lived in this hut I went down to Kinlays at the Devils Elbow and Britton was there. When I went in Camplin, Kinlay and Britton had some conversation together outside the hut. Kinlay came into the house and told me I had better join that man as he could put us in a better way, as he knew the Bush better. At this moment I did not know who the man was, we did join him and took some Tobacco Tea Sugar and Flour which was given to us gratuitously as we regularly dealt with him. We made for the Supply Creek, stopped there that night and started next morning & went to Brittons hut – it was a hut built of Fern, Stone Chimney and Bark floor and capable of holding 3 Men. Britton had a double barrell’d Gun and gave my Mate a Musket, he was very suspicious of me & would not let me out of his sight, and used to follow me when I went for water. We all there lived together for about a month. Britton had a considerable quantity of Flour Tea Sugar Tobacco and had some mutton salted in a Box I shewed Mr Bonney. During the time we resided together we killed 4 Sheep 2 first

P 110

2 first were Mr Brumbys the other 2 Mr Jones’s. Britton U Camplin got a herd of 50 Sheep on 4 Spring Plains. I affisted the other Two to drive them down to a Stock Yard about half a Mile from Kinlans Place. I stopped and minded them while the other Two went to Kinlays. Kinlay came to the Stock Yard and looked at them & we all then went to Kinlays hut and had something to eat, when we went we took away 2 Bottles of Rum with us. At this time we had plenty of provisions at the Hut. On our way back we stopped at Brittons half way house and got intoxicated. Britton called me a cowardly rascal for not going and affisting Camplin, when the Shepherd was struggling with him. This took place between 6 & 7 weeks ago. I remained in company with them about a week after, and the reason why I left them was that they talked about going to shoot Mr Jones’s shepherd. My first intention was to have given myself up at the Supply Mill hut in consequence of meeting with a Sawyer who asked after Camplin, he persuaded me to go into Launceston and give myself up which I attempted to do but my heart failed me and I then took away a Boat and went down the River and was taken as already stated in my previous examination. I never heard what was to be given for the Sheep while I was with Britton we killed between 4 & 500 Kangaroo. Britton had plenty of powder and shot, and plenty of Caps Percussion. We found out it was Samuel Britton by going down to Kinlays. By the appearance of Brittons hut it had been built about 6 Months. By the appearance of Britton

P 111

Britton he must have been the same man I mentioned in my former examination of having been at the Supply Flats. We had 3 Dogs a Black one belonged to Britton and very likely the one the Shepherd must have seen. My former examination is all true as far as it went but I was afraid to tell more, and this in continuation is also the truth and I am ready to step forward and affist the Government in any way that lays in my power. I know Harry James quite well and I know John Rosevear, he used to work with him when I was at Port Sorell. Britton was with me, and he and Camplin went to where Harry James lived. When I separated from Britton & Camplin, Britton was in the hut and Camplin was out with the Dogs. I am certain that the head of the Sheep and which is now laying on the floor of the office is one of Mr Jones’s. The Double Barrell’d Gun Britton had, had two odd cocks, it had a Colonial Stock it was a Twisted Barrell, it had the name ‘Mortimer’ on the Barrell and there was a name on the lock it was I think either Manton or Manning. Britton & Camplin never trusted me much as they made a sort of servant of me to cook for them.

Sgd Thomas Richard White Witness Sigd. Charles J Walker.

Taken before me this 18^th July 1836 ??

(written vertically in right hand side margin

This answers the description of the Gun taken from Mr Charles J Walker taken by Britton, Jeffries & Brown during his residence on the River Tamar

P 112

Sergeant Bernard Sweeney No 602 of the 50^th re Queens own Regiment to be brought to trial on the following Charge

For having when on duty at the Government Cottage in Launceston on the afternoon of the 29^th of August 1836, used highly improper and disrespectful language to, and committed an assult with a drawn bayonet upon the Police Magistrate John Clark Esquire and Mr William Franks at the same time threatening that he would run the latter gentleman through – Such conduct being unbecoming the character of a Non Commissioned officer,and subversive of good order and Military Discipline.

By command Edmd Provought Town Adjutant

Town Adjuntant office

9^th September 1836

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602 Sergeant Bernard Sweeney

Prosecutor, John Clark Esquire, sworn saith; on Tuesday the 29^th of August last between four and five oclock in the afternoon I went to the Government Cottage on duty. On going up there I met Mr Franks who said he had some business there and we rode up together/corrected/ Before I mounted my Horse I met Mr Franks just as I came out of the office/ When I arrived at the gate I saw Sergeant Sweeney he spoke to me over the gate he was close to the gate. I asked him what ladies of the committee were there, he mentioned the names of two whom I was acquainted with, I should say at this place that when I saw this man there was nothing about him to make me suppose he was on duty, he had no drawn any such as a Sentry has usually when on duty and he said nothing at this time that led me to suppose that he was on duty. He said nothing that led me to suppose that there was the slightest objection on the part of any one to my entering. Some person I did not known whom at the time I have found since opened the gate I believe at my own request Mr Franks entered first. I followed a few yards behind him. The first thing I noticed after Mr Franks had advanced about 20 yards was Sergeant Sweeneys right hand hold of the right side

P 114

Of Mr Franks bridle, and both talking very loud and fast. I heard to the effect Sergeant Sweeney say he would not allow Mr Franks to go in. I was a short distance them at this time, to the right behind him. The Sergeant came over to me I told him I supposed he would not prevent me from going in and told him who I was. I thought from the way in which he came towards me, and from what I saw pass between him and Mr Franks he was coming to lay hold of my bridle and I told him not to lay hold of my bridle, he did not do so but he drew his bayonet and projected it in front of him he never offered to touch me with it after I told him who I was and just at this stage of the proceeding he said he did not care a dam who I was I think I mentioned my name. I am certain I told him I was Police Magistrate I told him it was wrong. I think the words I made use of where “You are wrong very wrong Sergeant and he put up his Bayonet immediately and offered no more obstruction to my passing indeed he went away. just after this some of the ladies came up, some conversation took place between one of the ladies and Mr Franks, but what it was I could not make out. I only knew a word or two, after this I rode back to look for Major Ryan and he rode back with me, perhaps it is right. I should here observe that as we were going out of the gate to look for Major Ryan Mr Franks threatened the Sergeant in saying he would

P 115

Would have him reduced to the ranks for this. When I came back to the gate and Major Ryan after telling him what had happened Major Ryan said to the Sergeant. There is no general rule without an exception you ought to have used your discretion and admitted Mr Clark. I think he used my name I had gained the end I wanted in gaining admittance and was siding away when I heard (In gaining a sight of admittance I should rather say for I really did not want admittance) the Sergeant urging to Major Ryan the orders he had given. The Sergeant during the altercation between Mr Franks and himself said he had Major Ryans orders not to admit any one/to prevent him entering.

Question by Prisoner. After I told Mr Franks there was no admittance did he not say go on Clark and I will soon follow or ride the fellow down or words to that effect?

Answer. I did not hear any thing of the kind.

Question by Prisoner. Did you see Mr Franks at the time I had hold of his bridle, or afterwards or at the time. I told him there was no admittance, working himself in his saddle and urging his horse on?

Answer. I did not observe Mr Franks urge his horse on. I think if he had it would have plunged and kicked violently as it did afterwards then leaving the gate as soon as before in crossing the green or arriving at the gate. I do not think that 50 people could have stopped the Horse but by holding the bridle.

Question by Prisoner. What was the manner and nature of

P 116

Of Mr Frank’s conduct towards me and in what way did he speak to me.

Answer. Mr Franks manner of speaking was fast and loud. I should say with reference to the answer I have given which I consider an answer to the question as to answer that Mr Franks manner was intemperate.

Question by the Court. Did the Sergeant when he drew his Bayonet ? you with it or did he do so to shew that he was determined to support the orders he had received from his commanding officer.

Answer. I did not at any period hear the Sergeant say he would see my person through. I conceive the drawing his Bayonet was an assault but the Sergeant did not attempt to use it upon me.

Question. Will you state the nature of the duty on which you went to the Government Cottage on the day in Question.

Answer. I went there for the purpose of seeing that the best Constables for such duty were there and to give them their orders for the night and for that purpose I asked (I do not know whether it was the Sergeant ) I asked) for Dr Kernahan who was living at the Cottage.

Question Will you state how many Consertables you found on duty at the Cottage and where they were stationed.

Answer. When I first went

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Went up to the gate I did not observe a Constable stationed there. I afterwards found there was one there then stationed in charge of the gate. Dr Kernahan was I believe inside, he lives there. I found another Constable about two yards inside the back gate walking up and down I asked the Constable at the gate what orders he had, he answered to prevent any of the women going out. I had not stationed the Constables. I did not know where the Constable at the front was, at that time I sent for him to the back gate to give him his orders.

Question of Const. Were you not aware or had you not good reason to know that positive orders have been given by the Civil and Military Commandants at this station that no gentleman was to be admitted in consequence of the Ladies of the Committee having assembled there on business relative to the females landed from the “Amelia Thomson. I did not suppose the Commandant had power to give any such orders. I suppose that such regulations would exist. I did not know it from any person or anything. I did not suppose there could be any objection to the Police Magistrate resiting his constables at any time and any where. I supposed so only but I did not suppose that would apply to myself!

Question. Suppose that orders had given by the Commandant to his Military stationed at the gate

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Gate that no gentleman was to be admitted under such orders do you suppose yourself justified in resisting the Military placed there?

Answer. If I had seen any soldier whom I supposed to be on duty any where I should not feel myself satisfied in resisting him personally. If I thought the orders wrong I would go to those who gave them as I did.

Question. Upon what authority or upon what grounds did you imagine that the Sergeant told Mr Franks that he could not admit him if he were not on duty.

Answer. I suppose the Sergeant was acting under orders of his superior.

Question. Did any conversation pass between yourself and Mr Franks on going up upon the subject of the possibility of your being refused admittance.

Answer. I do not recollect I can answer for myself I had not the least supposition that I should be refused admittance.

Question. Is it a usual thing with (crossed out)for you to visit your Constables?

Answer. It is any new or important stations I visit I frequently visit the Constables at the Bridge.

William Franks Esquire sworn saith I rode up in Company with Mr Clark to the Government Cottage on the 29^th of August last on arriving at the gate Mr Clark

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Asked what ladies of the Committee were there, it was about 4 o’clock. I thought it was to a Constable but I understand after it was to Sergeant Sweeney. He was answered I believe by the Sergeant that Mrs Barnes Mrs Jennings and some others were inside. Mr Clark then asked the Constable what Constable was at the back and how many were stationed there. The Constable said there was one. I do not recollect the name. Mr Clark then asked where Kernahan was. The man said he believed either at the Cottage or in the Yard. Mr Clark then told the constable to open the gate he did so accordingly and I rode in before Mr Clark. Mr Clark followed me. I rode on in consequence of Mr Clark speaking to the Constable on my proceeding in about 10 or 15 yards I was met in the ? by Sergeant Sweeney who was walking down towards the Cottage but turned round short and seized the reins and said you cannot go in. You shall not go in here he said he had orders from the Commandant to admit no person. I told him the purpose I came for and that the Commandant was aware that I intended coming up. Sweeney said that he did not care that he (crossed out) I should not go on my horses head was turned across the ? ? to the ? entrance gate. This was done by the Sergeant laying hold of the bridle

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I did not go any further. Sweeney then left me and ran across to Mr Clark who was nearer the entrance gate than I was and said you shall not come inhere in either, at the same time lifting his left hand as if to lay hold of Mr Clarkes bridle. Mr Clark said you had better not touch my Reins. The Sergeant again said you shall not come in. Mr Clark said I have business in, perhaps you do not know who I am. I am the Police Magistrate. The Sergeant made answer. I do not care a damn who you are, Mr Clark said Sergeant I have a right to go in Sergeant said to Mr Clark if you enter I will run this through you at the same time drawing his Bayonet. Mr Clark then said Sergeant you are wrong. You are wrong put up your bayonet. The Sergeant did so at once. At this time I was about eight yards nearer the Cottage than Mr Clark and the Sergeant I had not moved from the place where the Sergeant left me. I said to the Sergeant after he had drawn his Bayonet and put it up again. “I will take good cause to report you to the Commandant and have you reduced to the ranks allowing to his drawing the Bayonet. I explained to the Sergeant telling him that it was a letter from my father which I wanted to lay before the Committee as it related to some of the Women near his place I also told him that the letter was forwarded to me by the Commandant after the altercation was over and the sergt.

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And the Sergeant had put up his Bayonet seeing Mrs Wilkinson coming from the Cottage. I took a few paces towards him to explain why I came and what had occasioned (crossed out) occurred ? by Prisoner. During the day in question were you not told by Major Ryan that you could not be admitted that day at the Cottage.

Answer. I was told by Major Ryan in the ? at the Government Cottage at about one oclock that I could not have admittance. I went up at that time for the purpose of getting some of the ladies of the Committee to select a servant for Mr Archer who had not come to town. The Major said you cannot go in, the ladies are engaged classing the women and none will be hired out until tomorrow. I immediately walked away. Major Ryan did not tell me that the ladies would not see me on any account and when I got the letter, at ½ past three o’clock or four or later from what the Major told me I thought that it would be a very good opportunity of recommending the women. I got the letter from a drummer whom the Major told me he had sent after me ? where, after reading the letter, I told the Major what is was about and said I should wish to go up and shew the letter to the ladies – The Major said

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“I think I shall have to go up again you may as well go (crossed out) come with me. I did not go with him.

Question by Prisoner. Did I speak in a mild manner to you when I told you, you could not get in?

Answer. You did not! On the contrary!

Question. Where you aware when you went the second time to the Cottage that there was a general order that no person could be admitted?

Answer. Most certainly not! If I had I should not have gone. “Going from the Cottage I met the Commandant – and he called out to me.” Mr Franks have you seen these country girls of yours. I said I had not!

Qd. By Court. What was your manner to the Sergt when he told you, you could not go in.

Answer. I was explaining to him the reason that brought me there! My manner was quite temperate!

Qd. By Court. Did you not say “Go in Clark and I will soon follow or ride the fellow down or words to that effect?

Answer. No such thing or words to imply such meaning!

Qd. By Court. Was your manner temperate and gentlemanly towards the Sergeant.

Answer. It was! I was particularly explaining what brought me there. I took the letter out of my pocket at the same time!

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Question by Court. Did the Sergeant tell you that he had the Commandants orders not to let any one in? Answer. Yes! The Sergeant said the Commandant had given him orders not to admit any person and he would stick to them or words to that effect!

Question. Did you as a gentleman imagine at the moment that any explanation that you could give to a soldier on duty would authorise him to disobey the orders he had received from his Commanding Officer.

Answer. At the time I did, and consequently entered into the explanation.

Question. After the Sergeant had seized hold of your Reins was your manner temperate.

Answer. It was! No angry words passed between the Sergeant and me until after his drawing his Bayonet on Mr Clark.

Question. Did you make use of any other threat than that of saying you would have him reduced to the ranks?

Answer. None whatsoever!

Question. Did you make use of the threat of having the Sergeant reduced previous or after the Sergeant drew his Bayonet?

Answer. After!

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Answer. After!

Question by Court. When the Sergeant seized your bridle did you try to urge your horse on?

Answer. Not in the slightest, if I had she would have plunged and kicked.

Qd. By Prosecutor. Were you given to understand by Major Ryan after the first refusal by him, that you could not (crossed out) go in.

Answer. The impression or my mind was that I could not go in on that particular day for the purpose of requesting the ladies to select a servant for Mr Archer.

Qd. By Court. Was Mr Clark in the act of advancing when the Sergeant drew his Bayonet.

Answer. He was not, he was standing still.

Question. Do you consider the Sergeant lost his temper.

Answer. Yes, I thought him very violent.

William Miller sworn saith I am a Constable, a prisoner. I was stationed at the GovernmentCottage Gate by Mr Charles Friend the Chief Constable on the 29^th of August last. Mr Clark and Mr Franks came up to the gate and ordered me to open it. I opened it and they rode in the gate. The Sergeant/the prisoner/

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Was some distance from the gate and came running towards Mr Clark and Mr Franks and bid them to stop he said his orders were to admit no one inside the gate they both stopped Mr Franks told the Sergeant that he wanted to see the Commandant. The Sergeant said he could not let him in, that he would be d d if he should go in. Mr Franks held a letter towards him at the same time. The Sergeant pulled his bayonet out and held it towards Mr Franks . I heard Mr Clark say the Sergeant did not know what he was doing and Mr Clark asked him if he knew who he was. The Sergeant said he did not care a d n who he was and put his Bayonet up. The Sergeant then walked towards the Government Cottage and Mr Clark and Mr Franks then came out of the gate.

Question by Prosecutor. Did you hear me speak to the Sergeant before the gate was opened?

Answer. I was so busy keeping the people back from the gate I do not recollect!

Question. Did the Sergeant say he would call any lady of the Committee when we went there?

Answer. I did not hear him say so.

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Question by prisoner (crossed out) Prosecutor. Did you hear me tell the Sergeant that I was the Police Magisgtrate?

Answer. Yes!

Question. Did any other gentlemen go into the Government Cottage on that day?

Answer. Several gentlemen passed back and forwards, both in and out!

Question. What course did they follow to get in?

Answer. Asked to see the ladies of the Committee.

Question. Did they so pass while the Sergeant was present?

Answer. Yes!

Question. Who did they ask, to see the ladies of the Committee?

Answer. The Sergeant.

Court then adjourned to 17thSeptember 1826.

Adjourned Court 17^th September 1836

William Miller recalled.

Question by the Prisoner. Did you see me stop any other gentleman on the day in question besides Mr Clark and Mr Franks.

Answer. Yes! I do not know their names some I can state, one was Mr Parker Superintendent of the Lumber Yards the Capt of the ship the females came in. I recollect seeing him stopping an

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An officer in uniform and Mr Charles Friend at the same time.

Question by Court! Did the officer in uniform make any remonstrance or try to induce the Sergeant to allow him to pass or did he immediately retire

Answer. He did not, he immediately retired.

Question by the Prosecutor. Did the Sergeant behave properly to the other gentlemen who came to the gate.

Answer. Yes, he behaved properly.

Question. Would any ill consequence have followed if the Sergeant had not allowed the carriage gate to have been opened.

Answer. I do, not consider there would

Question by the Court. Was the conduct of Mr Clark and Mr Franks mild and gentlemanly towards the Sergeant during their conversation with him.

Answer Yes Question (crossed out) If Mr Clark makes the Constable a criterion of Gentlemanly conduct he must take the Consequences. This was uttered by Captain Peddie on putting the above question!!

Answer. Yes!

Question. Did you hear Mr Clark and Mr Franks make use of any threats

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Threats, towards the Sergeant on that day.

Answer. No!

Question. You have admitted that the conduct of the Sergeant towards every other person that approached the gate was correct. Can you state any reason why the Sergeant should have behaved disrespectfully and rude to the gentlemen in question?

Answer. I cannot!

Question by Prisoner. Did you consider yourself under my control on the day in question?

Answer = No!

Lieutenant Andrew Baxter sworn saith.

Questioned by the Prosecutor. Where you the Officer of the day on the 29^th of August last?

Answer = I do not know!

Question. Can you tell by reference to the orderly book

Answer = Were I on duty it would be entered on reference I am enabled to answer

Question Were you on duty?

Answer I was!

Question If there is a new guard placed is it entered in the orderly book?

Answer It would be entered in the Orderly Book

Question Is there any entry in that Book of a guard being placed at the Government Cottage on or about the 29^th Ultimo?

Answer I do not see it entered! It is not!

Question Is it usual with you as officer of the day to visit the Sentices?

Answer, It is!

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Question Were you aware that an orderly Sergeant had been placed on the gate of the Government Cottage on the day in question?

Answer, I was!

Question, How did you become aware of it?

Answer! I was present on Morning parade when Sergeant Sweeney left the Barracks for that duty!

Question = The Sergeant being so sent away and placed on duty is it usual for it to be entered in the orderly book.

Answer, No!

Question by the Court. Did you see the prisoner on his post on the day in question and was he correctly dressed as an orderly Sergeant on duty?

Answer. I saw the Sergeant on his post about half past two o’clock, he was then properly dressed he had on his side arms and sash!

Prosecution closed.

Sergent Sweeney states in his defence, I was placed on the Governt Cottage on the 29^th of August last with orders from Major Ryan to allow no person to pass within the gate except the ladies of the Committee and whoever they passed in, or men going

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Going in with bedding or necessaries for the emigrants whom I was to pass in, and out again, or whoever, the Major passed in between the hours of two and three o’clock Mr Franks came to the gate. I told him he could not get in the gate was opened for the purpose of allowing bedding in Mr Franks paid no attention to what I said and went on a few paces to where Major Ryan and Mr Henty were standing and said Can I not get in Major? The Major replied “No Franks there is no admittance to day. I then moved near the gate and did not hear what more was said. Mr Franks shortly went out. Some time after this I passed in some men with provisions and saw them out again. I told the constable on the gate to allow no person in it and I then went down to the Cottage to see if the emigrants had got plates &c and on my coming back I saw Mr Franks and Mr Clark at least another gentleman coming towards me. I said Mr Franks you cannot get in it is the Commandants orders.

Final Evidence. He said do not dare to stop me I said I will, it is the Commandants order he then said I shall go forward (to?) I said you (I crossed out) cannot Sir

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He said I have a letter. I said I will deliver it for you. He did not speak but urged on. Mr Franks said then I shall get in. I said you cannot x

(note in rhs margin Evidence corrected by Sergeant on reading over

He came towards me a little and I caught the reins of his horse. He then said go on Clark. I put my left hand towards Mr Clarks horse who said do not catch my horse. Mr Franks then said go on Clark and I will soon ride the d—d fellow down or words to that effect. I said “will you” and let go his reins and I took a pace to the rear and dress my bayonet and saith if you attempt it I will run you through. Mr Franks said you d—d rascal you are a pretty fellow to stop two Magistrates. I stood for a little and seeing that they did not come forward I put up my Bayonet and went to the right about and moved towards the Cottage. I met Mrs Barnes and asked her if she had seen the Major. She said No. I then told her partly what had happened the two Gentlemen had attempted to ride me down. Mrs Barnes came up with me, and spoke to Mr Franks and took a letter from him. I then ordered the Constable to open the gate and let the gentlemen go out Mr Franks then said I will take good care I will have your stripes

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Stripes off tomorrow. I said “will you” He said Yes! I will have you in the Ranks before ten days and after going outside the gate Mr Franks turned towards Mr Clark and said there had ? right to be a d—d soldier there at all.

Major Ryan sworn saith.

Question by Prisoner. Did you place me on duty on the gate of the Government Cotage on Monday the 29^th of August last and what were the orders you gave me?

Answer. I placed Sergeant Sweeney inside of the Govert. Cottage gate on the first day of the landing of the female emigrants by the Amelia Thompson, on Monday the 29^th of August and I gave him positive orders which I repeated twice or thrice to him that he was not to admit any person whatever either male or female inside of that gate during that day with the exception of the ladies of the Committee and those persons who were employed in bringing in provisions or any supplies that were necessary. I placed a Constable outside of that gate and told that Constable that he was to keep off any crowd approaching the gate. I afterwards said to Sergeant Sweeney in going into the cottage “Recollect you have charge of the gate. I selected Sergeant Sweeney to enforce that

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That duty as one of the steadiest and best conducted non commissioned officers in the 50^th Regt. Placing that Sergeant eminated from the suggestion of the ladies of the Committee at a Public Meeting which was held of the Ladies composing that Committee on Friday the 26^th of August. The resolutions passed were most unanimously entered into and carried by the ladies of the Committee on the 26^th Augt. That owing to the Confusion that would naturally occur on the first day of landing the females, that no person whatever should enter the Government Cottage where the females were to be lodged on that day with the exception of the Ladies of the Committee myself and the surgeon of the ship. The ladies composing that Committee also suggested to me that in order to enforce the regulations strictly requested that I would place a Sergeant at the gate all of which I fully concurred in. I told Sergeant Sweeney when I gave him my orders that he was not to allow any person in the gate unless passed by a lady of the Committee and when any lady approached the gate to come in, he was to ask if she was a lady of the Committee.

Question by Prisoner. Did you tell Mr Franks on the afternoon of the day in

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In question that there was no admittance to the Cottage on that day for any person.

Answer I did tell him words to that effect. I told Mr Franks himself personally that he could not come in that there was no admittance for any one. I think I qualified it by saying that if I admitted him I must admit others. This was between 2 & 3 o’clock in the afternoon Mr Franks was outside the gate close up to it. I was about twenty yards from the gate inside. The Sergeant between me and the gate I suppose the Sergeant must have heard, as he was between me and Mr Franks.

Question by prisoner. Was Mr Franks approaching towards me when you told him he could not be admitted.

Answer. I think Mr Franks was outside the gate. I do not think he was inside the gate – he might have been.

Question by prisoner. What would have been the result if I had disobeyed the orders you had given me?

Answer. I should have placed you in confinement and dealt with you according to the rules of the Service for disobedience of orders by preferring charges against you!

Question. Will you as an officer who has been sometime in the service say What do you consider to amount to

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To forcing a soldier upon his post?

Answer I should say that any person attempting by threatening language or gesture before a military man placed on public duty after that Military man has stated to him his orders or any attempt at violence used towards him in the execution of that duty is what I conceive tantamount to the Soldier being forced on his post. Major Ryan here state on a consideration something strikes me that Mr Franks was a short distance inside the gate when I told him he could not be admitted but I also told him so previous to that when he was outside the gate.

Question by the Prosecutor. Did you tell the Sergeant that the Constable was to obey his orders?

Answer. I think I did but not in that positive manner. I said in the presence of the Constable that the Sergeant was responsible for the gate.

Question. Had the Sergeant any civil power

Answer. He was empowered by me with all Civil and Military authority on that day. Corrected.

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8 Corrected. No! He had no civil authority.

Question. Was the Sergeant on that day sworn in a Special Constable?

Answer. I have stated already he had no civil authority! He was not!

Question. Do you conceive that you have any proper authority as to the disposal of the Police.

Answer. I consider I have on occasions similar to the one in question. I am a Magistrate of this Colony and I conceive that I have authority to demand the assistance of the Police Constables on an occasion like the one allued to and on that day I did demand the assistance of those Constables from the Police Magistrate. The female emigrants which arrived in the “Amelia Thompson” were by His Excellency’s orders placed under my charge and I conceive that if it is necessary for me to require the assistance in person of the Police Magistrate that as Civil Commandant he is bound to obey.

Question by Prosecutor. Did Mr Franks return at once when you told him that he could not see the ladies of the Committee for the purpose of selecting a servant for Mr Archer on the day in question?

Answer. He did! This is the same day I believe spoken of before.

Question. Did you forward Mr Franks a letter afterwards from some of the women

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By the “Amelia Thompson after (crossed out).

Answer. I did.

Question Did Mr Franks make you acquainted with the contents of that letter afterwards.

Answer I think Mr Franks told me afterwards it was from his Father recommending two of the females of the “Amelia Thompson”

Question Did Mr Franks express a wish to see the ladies of the Committee on the subject of that letter?

Answer. He did during some part of that day!

Question. State the time if you can

Answer I overtook Mr Franks as I was returning from the Government Cottage towards town. I then told him I had given a letter to a drummer who was coming after me that it was for him and given to me by one of the female emigrants this was about three o’clock.

Question. Did you tell Mr Franks that you were going up to the Cottage and he might as well go with you.

Answer. I told Mr Franks after he mentioned to me that he had a letter from his father about two servants, and on his saying he would go up and get them himself (this was said in a jocular manner) I said to him

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I am going up myself by and bye you had better wait and ride up with me, and probably I will get you permission from one of the ladies of the Committee but at all events (?) if you go up You had better send in to Mrs Barnes and ask her permission/Corrected/ Question repeated.

Answer. In consequence of Mr Franks holding in his hand an open letter saying that he had a letter recommending two Servants by the Amelia Thompson and telling me in a jocular manner that he would now go up and get them himself I told him that I should ride up by & bye and he could go with me and I would ask permission of one of the ladies of the Committee to let him go in. Some further conversation took place relative to the women, in parting I told Mr Franks if he was going up to the Cottage in all probability if he sent in to Mrs Barnes he could get admitted but I gave him no permission myself. Major Ryan states Although Mr Franks made use of the expressions I have stated I did not consider he intended to carry those jocular expressions into effect.

Lieutenant Baxter recalled Questions.

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Question by Prisoner. Did you go to the Government Cottage on the 29^th of August last for the prupose of entering it?

Answer. I did.

Question Where you admitted.

Answer. I was not the Sergeant told me I could not go in his orders were to the contrary. His orders were not to allow any person to pass!

Question by Prisoner. What was my Manner of delivering that Communication to you?

Answer. Your manner was most respectful and soldier like.

Qd. Will you state to the Court any general character as a non commissioned Officer?

Answer. Since I have known you which is about twelve months I have always considered you an excellent non commissioned officer and steady man!

Frederick Niblett sworn saith I am a Butcher residing in Launceston On Monday the day on which the emigrants were landed from the “Amelia Thompson” I saw two gentlemen come up to the Government Cottage one of them told the people outside to go about their business and ordered the Constable to open the gate.which he did and the gentlemen went in The Sergeant came up to the gate and told them there was no admittance that it was his orders not to admit any gentlemen in. One of the gentlemen told him to stand on the side that he had no business with them that they were two Police Magistrates

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Magistrates. The Sergeant then took hold of the Reins of one of them with his right hand and put his left hand to the point of the shoulder of the other horse. One of the gentlemen said “You ride on Mr Clark and I will follow you and I will ride him down or ride over you I do not know which the Sergeant said “Will You” and step’t back and drew his bayonet. The gentlemen on the right hand said something to the Sergeant which I did not understand and the Sergeant turned round and went towards the Cottage and some ladies came up and a Lady in black took a letter from the gentleman on the left. They went away again and the Sergeant ordered the Constable to open the gate and then the gentlemen turned their horses and went out. One gentleman turned round and told the Sergeant he would have his stripes taken off and have him put in the ranks either in ten days or in less than ten days I am not sure which. The Sergeant said “Will you” and the Gentlemen went away. The Sergeant came up to the gate and asked if there was any free people there to witness what they saw if they should be called upon. One man spoke, one young woman spoke I do not know whether she is here or not. I have not seen her since. The Sergeant asked the Constable and

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And the Constable told him not to call upon him if there should be any thing about it because he said they might have a spite? On business? will not say these were the exact words but they were to the same effect “if ever he went before them as he was a Government man. I am free.

Question by the Court. Did you at the time the Sergeant draw his Bayonet, hear either of the gentlemen say you are a pretty d—d rascal to stop two Police Magistrates?

Answer. I did not recollect exactly those words I heard them say something about stopping two Police Magistrates.

Question by Prisoner. What was my Manner in speaking to the gentlemen?

Answer. He walked straight up to them and spoke mildly enough as far as I see.

Qd. By Prisoner. What was the Manner of the gentlemen towards me?

Answer. They seemed rather surprised at the first few words. It was not very mild they were rather

Angry with the Sergeant when they first entered the gate!

Question by Const. After the Sergeant told the Gentlemen they could not enter did you see either of them urge his horse on

Answer The Gentleman on the left hand the one the lady took the

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The letter from put his fists into the horse and the horse pranced about

Question by Court Were you present at any time to day or yesterday during the sitting of this Court?

Answer No.

Qd. Court Is the man present William Miller the constable who requested the Sergeant not to call upon him to give evidence?

Answer. I believe he is the man.

John Fett sworn saith I am a Ticket of Leave man I was standing at the paling of the Govert. Cottage at abouty five o’clock in the Evening of Monday the day the females landed from the Amelia Thompson. Mr Clark and Mr Franks rode within the gate perhaps some twelve yards. The Sergeant approached them and desired them to stop and the two gentlemen immediately stopped Mr Franks then immediately began to press forward and spoke to Mr Clark and told him to go on that he would follow and that he would either ride him down or ride over him I do not know which The Sergeant immediately drew his Bayonet and presented it at Mr Franks and told him if he did he would run it into him or run him through I cannot say which The Sergeant then left Mr Franks horse and went towards the Cottage

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Cottage and met a Gentleman which I believe to be Mr Wilkinson . The Sergeant and Mr Wilkinson then returned back again. The Sergeant then called to the man at the gate and desired him to open it. The gate was then opened and the Sergeant said – now gentlemen go out The two gentlemen immediately turned round? to go out in turning round Mr Franks told the Sergeant he would have his stripes taken off. I heard no more.

Questioned by the Court (crossed out) Prisoner Was my manner mild towards the gentlemen when they first approached me?

Answer It was!

Qd. By Prisr. Did Mr Franks speak loud and in a passionate manner to me. Answer Rather so.

John William Johnson sworn saith. I am a prisoner of the Crown. On Monday I do not know how long ago I think the females landed three or four days before I went up towards the Governt. Cottage. I saw Mr Clark and Mr Franks go towards the gate. The Constable opened the gate and let them in they were on Horse back. The Sergeant stopped them and said it was his orders not to let any one in. Mr Franks took no heed and went on. The Sergeant took hold of Mr Clark’s horses head by the reins and said he should not go

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Go. Mr Clark finised? His horse and tried to ride on, the Sergeant stopped him drew his Bayonet and would not let him go. Mr Franks swore and told him to ride over him, he could not because the Sergeant stopped him. Mr Franks rode down and gave a letter to some lady. Mr Franks came back and they both went away. Mr Franks said he would take the stripes off the Sergeants arm if it laid in his power. They both rode off & I went away.

Question by Prisoner. John Clark Esquire recalled. You have stated Mr Franks manner was intemperate. Did I tell you I did not care a d—d for you until Mr Franks conduct became intemperate towards me.

Answer. You certainly told me so after wards when you came up to me but what passed before I really scarcely know for I was behind!

James Taylor sworn saith I am a prisoner of the crown. On the Monday that the emigrants landed from the “Amelia Thompson” as I was at the Government House I saw two gentlemen come riding up. I did not know who they were. One of them ordered the gate to be opened one of them did so and they went inside. The Sergeant went up and told them that his orders were that no person was to be allowed

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In there. The tallest one of the two said he would go in. The Sergeant said that he could not that it was against his orders and the Sergeant made no attempt to stop them. One of them spurred his Horse on and said ride over him. The tallest passed the Sergeant who took hold of the other Horses Reins. The Sergeant said if he attempted to force him on his duty he would run him through with his Bayonet. The gentleman that was on the Horse that the Sergeant had hold of did not offer to move his Horse. A Lady then came out and the tallest gentleman gave her a letter. The Sergeant told the Constable to open the gate to let them out which he did. As they were going out the tallest gentleman said in ten days he would have the stripes off his arm and put him in the Ranks! I am a stranger.

Question by Prosecutor. Are you a Baker, and do you come from the same shop as the last witness?

Answer. Yes! I was in company with him at the time.

Major Ryan recalled. The whole of this paper produced is in my hand writing excepting the signature of Thomas Wilkinson

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It was posted on the day in question on the outside of the principal gate of the Government Cottage and is as follows

Notice. No person to enter the Government Cottage this day with the exception of the ladies of the Committee and those persons who may be employed about the premises Launceston 29^th August 1836. By order of the Commandant Thomas Wilkinson Superintendant.

Mr Thomas Wilkinson is deemed the Superintendent appointed by me to take charge of the female emigrants that were then placed in the Governt. Cottage. His duties are to attend there, to assist the Ladies of the Committee in every thing connected with the affairs of the Emigrants. He is responsible for the internal order and regulations of the establishment as authorised by the Committee. The Lieutenant Governor pointed out to me this Gentleman as a fit and proper person to be entrusted with this duty. Court adjourned until Monday at 10 o’clock.

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For His Defence. 19^th September 1836. Captain Lew sworn saith

Question by Prisoner. Did you go up to the Government Cottage on the 29^th of August last for the purpose of entering it?

Answer I did!

Qd. By Prisr. Did you gain admittance?

Answer No. I did not!

Qd. Do What prevented you?

Answer The Prisoner was on duty and told me he had the Commandants orders not to let any one in and he should not let me in.

Qd. By Prisoner Were you in full uniform.

Answer I was

Question by Prisoner. What was my manner towards you in making that communication to you?

Answer. Respectful.

Qd. By do. Are you aware of your own knowledge that I refused admittance to any other gentlemen?

Answer. Two that were with me.

Qd. By Const. Will you state the Prisoners general character and whether you think he is likely to behave rude to any one without provocation. Answer.

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11 provocation?

Answer. His general character is extremely good steady and sober. I think he is one of the last men in the regiment to behave rudely without provocation. I am sure of it from my personal knowledge of him!

Major Ryan recalled.

Qd. By Prisoner (crossed out)Court. Did you return to Governt. Cottage with Mr Clark after he made the report to you respecting the Prisoners conduct on the 29^th of August last?

Answer I did!

Question. Did you tell the Sergeant there was no general rule without an exception.

Answer. I did or words to that effect.

Qd. By Prisoner. What was your reason for saying this to me

Answer. When I expressed myself in that manner to you and in presence of Mr Clark I considered at that moment the assault upon Mr Clark and Mr Franks was that of a violent nature, but I had not been put in possession fully of your explanation at that moment. Your answer was confused and you replied “Sir You know you gave me orders not be admit any one” Mr Clark and Mr Franks shortly after rode off then you explained to me Mr Franks threatened to ride over or ride you down and endeavour to force your post. I was then

P 149

Under a different impression of the circumstance an in consequence I did not relieve you from your post but returned you to your duty as I considered you were fully justified in the manner in which you had conducted yourself.

Question by Court. At what time did you take down the public notice written by you and signed by Mr Thomas Wilkinson from the gate of the Government Cottage.

Answer. I did not take it down on the 29^th of August last, I think I took it down the following day or the day after.

Thomas Wilkinson sworn saith

Question by Prisoner. Will you state what paper this one produced is referred to already shewn the witness.

Answer. It is a Notice that No person was to be admitted on 29^th of August last at the Government Cottage it is signed by me by the Commandants order. I posted it at the gate of the Government Cottage about Ten oclock in the morning in question. The Commandant took it down

P 150

Adjourned to Mrs De Little’s residence

Mrs Belinda de’ Little sworn saith, I was coming out of the Government Cottage on the day the female emigrants landed from the “Amelia Thomson” Two gentlemen rode in, and wanted to pass by the Sergeant, he would not let them & they insisted on passing by. One of the Gentlemen asked the soldier if he knew who they were. The Soldier said he did not care who they were. He had his orders to let know (crossed out) no one pass. The gentlemen had some words with the Soldier. I can not say exactly what they were but one of the gentlemen passed the Soldier the other stood still and had an argument with the soldier. I cannot say what were the words. The two gentlemen talked together one of the two gentlemen said I cannot say which Ride over him or ride him down, on that the soldier drew his Bayonet and said they should not pass by. I became so frightened I got away to the steps of the Government Cottage but I left the two gentlemen behind. Mr Franks was the gentleman who pushed passed. The other gentlemen was talking with the soldier for about ten minutes. I left the place. The prisoner was the soldier who was at the gate it was about four o’clock in the afternoon

P 151

Question by the Court. What was the Sergeants manner when he stopped them. Answer It was stiff. It was neither Civil nor uncivil. I did not hear one disrespectful word. It was stiff. It was rather much so.

Question. Was the manner of the Gentleman who pushed passed the Solder uncivil?

Answer. It was civil. The Gentleman did not appear uncivil to the soldier first they were offended at not being allowed to pass.

Question Did the Soldier become uncivil at first or did he become so after the gentleman had past?

Answer. After one Gentleman had passed him.

Question. On being refused admittance did the gentleman who was first stopped loose his temper.

Answer. No Sir I cannot say that he did.

George Moore being sworn saith I am a prisoner of the crown.

Question by Prisoner. Did you hear

P 152

Hear Mr Franks say/ near the Police office on the 29^th of August last the day the females were landed from the “Amelia Thomson”/ to Mr Clark They have refused to let me in to the Government Cottage let us go up together and try to get in somehow?

Answer Nothing of the Sort. I did not see Mr Franks or hear him speak. Sergeant Sweeney being questioned if he has any more witnesses to call answers None.

Mr President asking Mr Clark if he has anything to urge Mr Clark replies, I wish to put a question to Mr Franks to which he did not give me an answer before.

Mr President replies Mr Clark you were asked when such witness was called whether you had any more questions to put and you replied none therefore as president of the Court I must tell you it cannot be allowed.
p 153

Mr President and Gentlemen

Before commenting on the evidence produced on this prosecution I wish it to be distinctly understood both by the court and the public at large that I have particularly desired this Court Martial should not take place. But it appears that my request to quash these proceedings, or even to postpone the trial, until the further orders of the Colonel Commanding should be made known, could not be acceded to. The President considering his orders to proceed to be imperative of course I could not shrink from the duty imposed on me by the President of this Court Martial to prosecute on the part of the crown. That the Sergeant should not be injured, I sincerely wish; and could a recommendation from me have any effect in his favour I beg now most respectfully and earnestly to press it on you.

I will commence by observing, to prevent misunderstanding that when I went in the first instant to the Government Cottage it was on duty, my object being to give instructions to my constables stationed there by my orders on that day and previous

P 154

Previous to delivering those orders I should certainly have consulted the wishes of Ladies of the Committee with reference to the arrangements to be made. My second object when returning accompanied by Major Ryan was less to gain admittance, than the right of admittance/ improperly withheld from me as I conceived by Major Ryan/ that right being obtained, I would have given the necessary instructions to my constables without entering the garden gate, if I had supposed my going in w h (crossed out)ould have been contrary in any degree to the rules established by the Ladies Committee!

Much of the examinations have but little reference to the conduct of the Sergeant, on the charge brought against him which I regret much was ever entered upon by a Court Martial and in making my complaint against the Sergeant I wish distinctly to state that my accusation was not for stopping me at the Government Cottage in the execution of my duty, for in doing so he was acting only in obedience to his Commanding Officer, who for his orders alone is responsible – but my charge is for intemperate language

P 155

Language and violent conduct after having allowed me to pass, without any obstruction, the gate he was placed in charge of, and I cannot but regret that the Sergeant in the first instance when at the gate did not communicate to me his orders to prevent my admission, in which case none of these unpleasant circumstances could possibly have occurred. I have already admitted, and I hope the Court will distinctly bear in mind, that the Sergeant acted in obedience to the orders of his Superior. While his objectionable manner of doing so probably arose from his being taken by surprise, which I trust will appear evident to the Court from the ready manner of putting up his bayonet when spoken to.

An attempt has been made to make it appear to the Public that I was going with improper motions to the Cottage & endeavoured to force a sentry on his post. This I consider sufficiently contradicted by the testimony of every credible witness – in fact by the admission of the Sergeant himself. I shall therefore not allude again to that point

P 156

Point. In referring to the evidence of Mr Franks compared with that of the other witnesses there appears a contradiction of (crossed out) in opinion as to his want of temper. I scarsly (?) think it necessary to remark that this is mere matter of opinion, and what is considered tolsues of temper in one man may not be so considered in another. Some of the members of this Court will know that Mr Franks usual manner is loud and animated. I will call your attention to another point in the evidence of Mr Franks, which might affect the testimony (crossed out) value of his testimony in your estimation, it is remained unexplained. When I put the question “Where you given to understand by Major Ryan after the first refusal by him “that you could go in” He answered” The impression on my mind was that I could not go in on that particular day for the purpose of requesting the ladies to select a servant for Mr Archer” This was no answer tomy question and it was clear he did not understand it; and I cannot sufficiently regret the court did not permit me to put another question to elicit an answer to the purpose which circumstance was really an injustice to that gentleman

P 157

Gentleman as it stands on record as an answer at variance with a former statement that he had the permission of Major Ryan to go to the Cottage, and which he evidently assumed he had, whether correctly or not from the conversation which he had had with that Gentleman who in his evidence states thus: “I told Mr Franks that I should ride up by and bye, and that he could go with me.. and in putting I told Mr Franks, that if he was going up (in crossed out) to the Cottage in all probability if he sent in to Mrs Barnes he could get admitted. This Matter would appear irrelevant to the present trail, and indeed would be so, did it not go to affect Mr Franks testimony.

It must be supposed that these gentlemen misunderstood each other.

In closing these remarks on the case before the Court I would again repeat that the Sergeant erred rather in judgement than in intention and that his error probably arose from the very delicate position in which he was placed.

P 158

/Copy/ Launceston September 21^st 1836

Dear Sir

We have much pleasure in assuring you that after having carefully read the evidence elicited on the Court Martial upon Sergeant Sweeney, and having heard your explaination, we consider there are no grounds whatever for believing you have provicated in your evidence and that the whole matter has originated in a misapprehension which we consider you have most satisfactorily explained to us.

We are Dear Sir Yours very faithfully

/Signed/ George Wing JP Commander RN William Reilly JP late Capt. 63d Regt. R Petty Stewart late Capt. 40^th Regt. Williams JP Matt Curling Friend JP Lt RN

Memorandum. I was in court during the whole of the time you were under examination and I am quite prepared if required, to give evidence to the straight forward manner in which you conducted yourself and relied to the questions put to you /signed/ R Petty Stewart

To William Franks Esquire

P 159

(in pencil)

Court Martial Launceston 1836 Sergeant Sweeney

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President and Gentlemen

Before commenting on the evidence produced on this prosecution I wish it to be distinctly understood, both by this Court and the Public at large that (I had no wish whatever to bring the Prisoner the Court Martial on the contrary – crossed out). I have particularly desired (it – crossed out) this Court Martial should not take place. But it appears that my request to quash these proceedings, or even to postpone the trial, until the further (pleasure – crossed out) order of The Colonel Commanding would be made known, could not be acceded to. The President considering his orders to proceed to be imperative. Of course I could not shrink from the duty imposed on my by the President of this Court Martial to prosecute on the part of the (Govt. – crossed out) Crown (in pencil).That the Sergeant should not be

P 161

Injured I sincerely wish and could a recommendation from me have any effect in his favour I beg now most respectfully and sincerely to put it to you.

I will commence by observing, to prevent misunderstanding, that when I went in the first instance to the Govt. Cottage it was on duty my object being to give instructions to my constables stationed there by my orders on that day, and previous to delivering those orders I should certainly have consulted the wishes of the Ladies of the Committee with reference to the arrangements to be made. My second object (being – crossed out) when returning, accompanied by Major Ryan, was less to gain admittance, than the right of admittance,/ improperly withheld from me,

P 162

– – -, by Major Ryan/ that right being obtained, I would have given the necessary instructions to my constables, without entering the gardens gate, if I had supposed my going in would have been contrary in any way to the rules established by the Ladies Committee.

Much of the examinations made but little reference to the conduct of the Sergeant on the charges (s crossed out) brought against him, which I regret much was ever entered upon by a Court Martial, and in making my complaint against the Sergeant, I wish distinctly to state, that my (? Crossed out) accusation was not for stopping me at the the Govt. Cottage in

P 163

The execution of my duty – for in doing so he was acting only in obedience to (?crossed out) his commanding officer, who for (those crossed out) his orders alone is responsible – but my charge is for intemperate language and violent conduct after having allowed me to pass, without obstructions, the gate he was placed in charge of. And I cannot but regret that the Sergeant in the first instance, when at the gate, did not communicate to me his orders to prevent my admittance, in which case, none of these unpleasant circumstances could possibly have occurred.

P 164

I have already admitted, and I hope the court will distinctly bear in mind, that the Sergeant acted in obedience to the orders of his superiors, while his objectionable manner of doing so, probably arose from his being taken by surprise, which I undst. will appear evident to the Court, from the ready manner of putting up his bayonet when spoken to.

An attempt has been made to make it appear to the Public (? Crossed out), that I was going with improper motives to the Cottage, (?) to force an entry on his post. This I consider sufficiently contradicted by the testimony of every credible witness – in fact

P 165

By the admission of the Sergeant himself I shall therefore not allude again to the point.

In referring to the evidence of Mr Franks compared with that of the other witnesses (? ? ? ? crossed out) there appears a contradiction in opinion as to his (? Crossed out) want of (?) I scarcely think it necessary to remark that this is mere matter of opinion, and when is considered violence of temper in our (?) may not be so considered in another. Some of the members of this Court will know that Mr Franks’ usual manner (? Crossed out) is loud and animated.

P 166

I will call your attention to another point in the evidence of Mr Franks, which might affect the value of his testimony in some estimation, if it remained unexplained. When I put the question “Were you given to understand by Major Ryan after the first refusal by him that you would not go in” He answered “The impression on my mind was that I could not go in on that particular day for the purpose of requesting the Ladies to select a servant for Mr Archer.” This was no answer to my question, and it was clear he did not understand it. And I cannot sufficiently regret the Court did not prevent me to put

P 167

Another question to elicit (? ? ? crossed out) an answer to the purpose; which circumstance was really an injunction that gentleman as it stands on record as an answer at variance with a former statement. ? had the permission of Major Bryan to go to the Cottage, and which he evidently ass(umed) he had, whether correctly or not. Found consideration he had had with that gentleman, who in his evidence states that? “I told Mr Franks that I should ride up by & bye, and that he could go with me, and in ? I told Mr Franks, that if he was going up to the Cottage in all probability if he sent in to Mrs. Barnes

P 168

He could get admitted” – This matter would appear irrelevant to this particular trial, and indeed would be so, did it not go to affect Mr Frank’s testimony. ? ? ? ? ? ? crossed out. It must be supposed that this gentleman misunderstood each other.

In closing these remarks (before the court crossed out) on the case before the Court. I would again repeat that the Sergeant erred rather in judgement than in in ?, & that his error probably arose from the very delicate (? Crossed out) position in which he was placed.

P 169

Copy

Mr Franks presents his compliments to the Ladies of the Committee for the Female Emigrants per “Amelia Thompson”, and has the honor to acknowledge receipt of their note of this morning requesting him to relinguish both proceedings against Sergeant Sweeney, on which that (soldier crossed out) Non-commissioned officer has been ordered to be brought to a Court Martial. This (crossed out) today and begs to inform them in reply that he will be (most crossed out) very happy to comply wishes, from the testimony

P 170

Of desiring to spare them the unpleasantness which they anticipate if the matter were proceeded on.

Launceston 16^th Sepr. 1836 John Clark

P 171

The undersigned ladies of the committee for the female Emigrants per “Amelia Thompson” present their compts. To Mr Clark and request as a particular favour that he would relinquish all proceedings against Sergeant Sweeney of the 50^th Regt.

The Sergeant was placed at the gate of the Govt. Cottage by their especial desire and should the proceedings

P 172

Proceedings be persisted in – and they be compelled as witnesses to attend – it would be as disagreeable to them – that they would deem it provident in future to declare becoming members of

Similar committees.

Launceston 16^th Sep. 1836

Diana Gleadow S W Robertson

A?? Jane Barnes S Sonython [Bonython?]

A Jennings S Munroe

C Price Ann Eddie

E Dowgate R Reibey

E A Hugh Mary Underwood

E Dowling Susan ?

P 173

Mary Ann Lawrence F C Friend [Matthew Curling friend’s wife?]

M Thomson

P 174

/ Copy/ Launceston September 21^st 1836

Dear Sir

We have much pleasure in assuring you that after having carefully read the evidence elicited on the Court Martial upon Sergeant Sweeney, and having heard your explanation, do consider there are no grounds whatever for believing you have pronunciated in your evidence: and that the whole matter has originated in a misapprehension which we consider you have

To William Franks Esqr.

P 175

Have most satisfactorily explained to us.

We are Dear Sir yours very faithfully /signed/

Geo. King JP Mss. Neilling JP R Petty Stewart William Barnes JP

Mat Curling Friend

Mem0. I was in Court during the whole of the time you were under examination and I am quite prepared (if required) to

P 176

To give evidence to the straight forward manner in which you conducted yourself and replied to the questions put to you. /signed/ R Petty Stewart

Commander RN late Captain 63^rd Regt. late Captain 40^th Regt. Lieut RN

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The Defence 19^th Sept. 1836 Captn. ? ? duly sworn answers as follows

Question Prisoner Did You go up to the Government Cottage on the 29 August last for the purpose of entering it.

Answer I did.

Question by Prisoner Did you gain admittance

Answer No I did not

Question by Prisoner. What prevented you?

Answer The Prisoner was on duty and told me he had the Commandants orders not to let any one in and he should not let me in

Question by Prisoner Where you in full uniform

Answer I was

Question by Prisoner What was my manner towards you in making that communication to you

Answer Respectful

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Question by Prisoner Are you aware of Your own knowledge that I refused admittance to any other Gentlemen

Answer Two that were with me

Question by Court Will you state the Prisoners general character and whether you think he is likely to behave (disrespectfully crossed out)rude to any one without provocation

Answer His General Character is extremely good, steady and sober. I think he is one of the last men in the Regt. To behave (?crossed out) rudely without provocation I was sure of it from my personal knowledge of him.

P 179

Major Ryan recalled

Question by Prisoner Did you return to the Government Cottage with Mr Clark after he made the Report to you respecting the Prisoners conduct on the 29^th August last

Answer I did

Question Did you tell the Sergeant that there was no General Rule without an exception and that he ought to have used his discretion & admitted Mr Clark

Answer I did or words to that effect

Question by Prisoner What was Your reason for saying this to me?

Answer When I expressed myself in that manner to you & in presence of Mr Clark I considered at that moment the assault upon Mr Clark & Mr Franks was that of a violent nature but I had not

P 180

Been put in possession fully of your explanation at that moment. Your manner was confused and You replied “Sir You know you gave me orders not to admit any one” and Mr Clark & Mr Franks shortly afterwards rode up (to the grounds crossed out)then explained to me that Mr Franks threatened to ride over ? or ride you down and ? ? ? ? ? I was then under a different impression of the circumstance in consequence I did not believe you ? Your Post but returned you at your duty as I conceived you were fully justified in the manner in which he had conducted himself.

Question by Court At what time did you take down the Public Notice written by you and signed by Mr

P 181

Mr Wilkinson from the Gate of the Government Cottage.

Answer I did not take it down on the 29^th of August last I think I took it down the following day or the day after.

P 182

Thomas Wilkinson sworn

Question by Prisoner Will you state what paper this produced is – /Public referred to already thereon the witness/

Answer It is a Notice that some person issued to be admitted on the 29^th of August last at the Government Cottage. It is signed by me by the Commandants order. I posted it at the Gate of the Government Cottage about ten oclock in the morning in question. The Commandant took it down.

P 183

Adjourned to Mrs De Littles’ residence.

Mrs Belinda de Little sworn, saith I was coming out of the Govt. Cottage on the day the Female Emigrants landed from the Amelia Thompson. The gentlemen rode in and wanted to pass by the Sergeant – he would not let them, and they insisted on passing by – One of the gentlemen asked the solder if he knew who ? Soldier said ? ? ? who they were – he had his orders to let no one pass. They gentlemen had some words with this soldier I cannot say exactly what they were but one of the gentlemen passed the soldier the other stood still I had an argument with the soldier. I cannot say what were their words. The two gentlemen ? together me if the two gentlemen said

P 184

I cannot say which ride over him or ride him down on that the soldier drew his bayonet and said they should not pass by. I became so frightened, I got away to the steps of the Govt. Cottage that I left the two gentlemen behind. Mr Franks was the gentleman who rushed passed. The other gentleman was talking (when I left crossed out) with the soldier for about ten minutes. I left the place.

The prisoner is the soldier who was at the gate. It was about four o’clock in the afternoon.

By the court – What was the ? manner when he stopt them. It was stiff. It was neither civil nor not uncivil. I did not hear one disrespectful word. It was stiff it was rather much do

P 185

Qd. What was the manner of the gentleman who rushed passed the soldier uncivil?

A.It was civil.

The gentleman did not appear uncivil to the soldier first. They were offended at not being allowed to pass.

Q. Did the soldier become uncivil at first or did he become so after the gentleman had passed.

A.After the gentleman had passed him

Q. On being refused admittance did the gentleman who was first stopped lose his temper

Ans. No sir, I cannot say that he did

P 186

George Noose sworn saith I am a Pr. Of the Crown

Questioned by Prisoner Did you hear Mr Franks say near the ? on the 29 of August last the day the Females were landed at from the Amelia Thomson to Mrt Clark They have refused to let me in at the Govt. Cottage let us go up together and try to get in some how.

Answer. Nothing of the sort. I did not see Mr Franks or hear him operate.

Sergeant Sweeney being questioned if he has any more witnesses to call answers Non

P 187

Mr ? ? ? ? Mr Clark if he has anything to urge Mr Clark replies. I wish to put a question to Mr Franks to which he did not five me an answer before.

Mr President replies Mr Clark you were asked when such witness was called whether you had any more questions to put and you replied none therefore as president of the Court I cannot take you ? cannot be allowed.

P 188

Town Adjt’s office 9 Septr. 1836

Sir,

The proceedings of the Court of Inquiry held at Launceston on the 30” ult. To investigate the conduct of Sergeant Bernard Sweeny of the 50^th Regt. Regarding his recent improper behaviour towards you and Mr Wm. Franks, having been bought under the notice of the Colonel commanding, and His Excellency having been pleased to direct that this non Commissd. Officer shall be bought to trial before a Court Martial to be assembled at Launceston on the 15^th inst.

I have the honor therefore to enclose you a copy of the charge upon which the prisoner

John Clark Esq Police Magistrate Launceston

P 189

Prisoner will be assaigned, in order that you may be prepared with such evidence as you deem necessary in support of the prosecution.

You will have the goodness to read the names to Major Ryan as early as possible.

I have the honor to be, Sir, Your most Obd. Servant, Edwd. B. Burn, Lt, Town Adjutant.

P 190

Sergeant Bernard Sweeny, No of the 50 or Queen’s own Regiment to be brought to trial on the following Charge

“For having when on duty at the Government Cottage in Launceston on the afternoon of the 29^th of August 1836, used highly improper and disrespectful language to, and committed an assault with his drawn bayonet upon, the Police Magistrate (John Clarke Esquire) and Mr William Franks, – at the same time threatening than he would run the latter Gentleman through: – Such conduct being unbecoming the character of a Non Commissioned Officer, and subversive of good order and Military discipline.

By Command.t. Edwd. B Burn, Lt. Town Adjutant. Town Adjut’s Office 9 September 1836

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Court Martial Sergeant Sweeney 1836 Launceston (in pencil vertically)

P 192

Entered

Police Office, Launceston

Island of Van Diemen’s Land To Wit To The Chief Constable, of Launceston in the said Island and to all Petty Constables, and to the Keeper of His Majesty’s Goal at Westbury in the said Island or His Deputy.

You the said Constables herewith receive the Body of Thomas Richard White a transported offender who ha this Day been brought before me, John Clark Esquire – one of His Majesty’s Justices of the Peace in and for the said Island, charged upon oath With Absconding and Suspicion of Felony and him safely convey to the said Gaol.

Therefore, on behalf of Our said Lord the King, I command you the said Gaoler or your Deputy, and each of you, that you or one of you, receive the said Thomas Richard White into your Custody in the said Gaol, and him safely keep for further examination before A B Jones Esquire JP at Westbury aforesaid.

GIVEN under my Hand and Seal at Launceston this Ninth day of July in the year of our Lord, One Thousand Eight Hundred and Thirty Six

John Clark

P 193

Westbury Island of Van Diemens Land to wit The Information and Examination of Thomas Richard White saith I accompanied Mr Bonney into the Bush and acted as leader to the Party I took him to a Valley between Westbury and the Tamar I first shewed him a small hut which I, Camplin and Samuel Britton pulled down This was the hut built by me and Camplin. During the Time we lived in this Hut, I went down to Kinlays at the Devils Elbow and Britton was there. When I went in Camplin Kinlay and Britton had some conversation together outside the hut. Kinlay came into the house and told me I had better join that Man, as he would put us in a Better way, as he knew the Bush better. At this Moment I did not know who the Man was, we did join him and took some Tobacco Tea Sugar & Flour, which was giving to us gratuitously as we regularly dealt with him, we made for the Supply Creek stopt there that night and started next Morning I went to Brittons Hut, it was a hut built

P 194

Of Fern, Stone Chimney & Bark floor and capable of holding 3 Men. Britton had a double barrelled gun and gave My Mate a Musket, he was very suspicious of me would not let me out of his sight & used to follow me when I went for water. We all three lived together for about a Month, Britton had a considerable Quantity of Flour Tea Sugar Tobacco and had some Mutton salted in a Box he shewed? Mr Bonney During the Time we resided together we killed 4 Sheep 2 first were Mr Brumbys the other 2 Mr Jones’s Britton and Camplin got a head of 50 Sheep on 4 Spring Plains I assisted the other two to drive them down to a stock yard about ½ a mile from Kinlays Place. I stopped & minded them while the other Two went to Kinlays. Kinlay came to the Stock Yard and looked at them, and we all then went to Kinlays hut and had some thing to eat.When we went we took away 2 Bottles of Rum with us at this time we had plenty of Provisions at the Hut. On our way back we

P 195

Stopt at Brittons half way house and got intoxicated. Britton called me a cowardly rascal for not going and assisting Camplin when the Shepherd was struggling with him this took place between 6 & 7 weeks ago. I remained in company with them about a week after and the reason why I left them was that they talked about going to shoot Mr Jones’s Shepherd. My first intention was to have given myself up at the Supply Mills, but in consequence of meeting with a Sawyer who asked after Camplin, he persuaded me to go into Launceston and give my self up which I attempted to do but my heart failed me I then took away a Boat and went down the river and was taken as already stated in my former Examination. I never heard what was to be given for this ship. While I was with Britton we killed between 4 & 500 Kangaroo (skins crossed out). Britton had plenty of Powder and shot and plenty of Caps Percussion. We found out it was

P 196

Samuel Britton by going down to Kinlays. By the appearance of Brittons Hut it had been built about 6 Months. By the appearance of Britton he must have been the same Man I mentioned in my former Examination of having been at the Supply flats. We had 3 dogs a black one belonged to Britton and but I was afraid to tell more and this in continuation is also the truth and I am ready to step forward and assist the Government in any way that lays in my Power. I know Harry James quite well and know John Rosevear, he used to work with him when I was at Port Sorell Britton was with me and he and Camplin went to where Harry James lived, When I separated from Britton and Camplin Britton was in the hut and Camplin was out with the Dogs. I am certain that the head of the Sheep and which

P 197

And which I saw laying on the floor of the office is one of Mr Jones. The double Barrelled Gun Britton had had 2 odd Cocks it had a Colonial Stock, it was a twisted Barrell it had the name “Mortinson on the Barrell and there was a name on the lock it was I think either Manton or Manning. Britton & Camplin never trusted me much as they made a sort of servant out of me to cook for them.

Thomas Richard White Witness Charles Walker

This answers the description of the Gun taken from Mr Charles J Walker taken by Britton Jeffries & Brown during his residence on the River Tamar.

Taken before me this 18^th ? July 1836

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?? Police Office Westbury 19^th July 1836

Information & Examination of Richard Gough who on Oath deposeth and saith

I am a Constable at Westbury I was in the Bush on Saturday Morning on duty with the District Constable. I ascertained and found out that one Samuel Britton and one John Camplin per Larry, aided and assisted by one Thos. Rich White did feloniously steal take & carry away Fifty Sheap or thereabout from and off a placed called the Four Springs Plains and did drive the said sheep to, and feloniously to, and place them in a Stock Yard belonging to one Willm.

P 199

Kimbley situate at or near the place called the Devils Elbow, near the Tamar River, and that the said Mr Kimbley did feloniously secure the said sheep well knowing them to be Stolen from an off the said Samuel Britton, John Camplin and Thomas Richard White, and further killed the said Mr Kimbley did Harbour assist and provide with food the said Armed Bushrangers Samuel Britton John Camplin and Th.Rich. White. I do therefore pray ? the ? ? ? may be used in due course of Law and that Justice may be done in the case aforesaid. Richard Gough

Taken and sworn before me on the above day at Westbury ??

P 200

Westbury Island of Van Diemens Land To wit

The Information and the Examination of Thomas Richard White saith In my former examination I said I went with Camplin to the Supply Mills for the purpose of robbing it We got in a little window near the Water wheel, We went up to the Top loft where (Camplin crossed out) Thompson slept. We were feeling round the room for some flour and I felt his Clothes, His Watch was in the Pockets. I took it out and gave it to Camplin. Camplin went down stairs, Thompson got up and laid hold of me, but I got away from him it was quite dark. I did not speak to him and I do not know how he could know me. I sold the Watch the next Morning to William Nelson / I think his name is William/ at the Devils Elbow. I got 10/- in flour and 5/- ? in money and he ? told me he had bought it off Nelson. The Watch I mentioned in my former examination I also sold to Nelson, Camplin told me he got this one from the Supply Mills, it was a thick silver Watch, roman figures on the Dial Plate and that he had got it from a Government Man of one the Calston at the Mouth of the Supply Creek

P 201

And we got Tea sugar flour to the amount of 10/- and I should know it again if I saw it, & I have been along with Camplin and a Government MaN OF Barretts, he is called Jack, Dark complexion and about 30 Years of Age, in stealing 2 of Mr Raffys Sheep out of his home Paddock where they were kept to fatten. Jack and I took them to Town and sold them, with some onions we stole from one Holliday. This was at night the Sheep were killed and striped and we sold them to a Man named Siddesby the Publican. We got 1pound in Money and a Bottle of Rum for the Whole. We left the skins behind and I ? Mr Ruffys then found the skins afterwards Jack introduced me to this. ? ? and said he was in the habit of buying sheep from him. We stole 4 sheep from Mr Manifold and drove them to Port Sorell and sold them to Harry James, Britton and Camplin were with me, We got flour Tea Tobacco and Sugar for them, 10 or 12 lbs of Flour. We killed them before we sold them and part of the skins we made into

P 202

Moccasins and the remainder we threw in the River. I do not know the names of the men who are in the habit of killing sheep, but I should know them if I saw them. During the time that Britton I and Camplin were together we killed about 20 sheep and what I told you in my former examination about 50 sheep being sold to Kinlay is true and I am ready to ?I am aware there is a hut between George Town and Georges River, & I stopped in this hut with Britton & Camplin 2 days. We heard that some Constables were coming down from Launceston and Kinlay put us across the River, the Post Messenger told us that the Constables were coming. We stopped about a week at Georges River and then came and stopped in a cave at Spring on Beveridges farm. We stopped there 3 days, there was a rope ladder that let us down about 12 feet deep, on our return back. We took a Boat belonging to Barretts Brother

P 203

And crossed again. The Watch I took from Thompson had the Initials J T scratched in the Inside and Chiddle told me that no harm could come as he had taken the letters out. Camplin told me he put Water in a Gun in Brumbys but the Time it was robbed by him and Britton I was not there. We (often crossed out) used to go by Brumbys Hut very often and nobody took any notice of us. I have every reason to think that Brumbys shepherd must have seen us several times. At the time that the 50 Sheep were stolen Britton & Camplin were gone about 3 hours to collect them. The 2 Sheep as mentioned in my former examination, Britton went & got himself And we have passed a Man within 10 yards on the 4 Spring Plains. I have every reason to believe that Britton has some friend nearly or at Brumbys hut as the day the 2 sheep were killed Britton brought back some Tobacco, Jack, Barretts Man used to Bring the Papers from Launceston to Kinlay and he gave them to us. During the Time I was in the Main of the Mill I sold upwards of (pound)100 worth

P 204

Of flour to Rosevear the Publician he used to give us half price for it. Scansbroke had charge of the Mill he gave us the flour and we sold it to Rosevear, and we used to give him half (crossed out) part of the Produce. There was sometimes 8 or 9 Cwt. At a Time we sold to Rosevear. He used to get (pound)5 at a Time and Grog.

Thomas Richard White Witness Charles J Walker Westbury

Taken before me this ?th day of August 1836 ? ? ?

P 205

Westbury Island of Van Diemens Land To wit

The Information and Examination of Henry Bonney on oath saith Referring to my former examination I was ordered into the Bush the 19^th of last Month, taking one Thomas Richard White with me and he is a prisoner of the Crown. I proceeded from Westbury to Port Sorell and during one March White informed me that himself Britton and Camplin had stole Two fat Sheep from Mr Ruffy a sack of onions from one Holloway living on the other side of the River & he went up in a Boat up to Launceston with them, the Boat was called the Shamrock and sold them to a Man named John Tiddsley, he also said he had robbed a Hut between Mr Ruffy and the Devils Elbow of a New Hat and 2 (Black crossed out) Silk Handkerchiess and sold them to Harry James at Port Sorell and that he had at different Times, sold flour from the Maid of the Mill during the Time he was in it to the Amount of ? (pound)100 to Rosevear the Publican on the Tamar & he had been paid in grog, and that he &

P 206

The other Two stole 4 Sheep & driven them down to Port Sorell & sold them to James. There are upwards of 25 Men and Women at Port Sorell and Two Crafts to carry away sawn and split stuff, and there are five Men living on one of the Island at the Mount Sorell they are ? & Splitting and there is about 2 acres of wheat nearly ¼ acre of onions and a large Quantity of Potatoes. When I was at Port Sorell I was told by one (Willi crossed out) Billy Woods and a Man called Boatswain that White’s two Mates had crossed the Tamar and were down at George’s River, he knew them to be the same two as were with White, as they once attempted to take his Boat when White was with them, at Port Sorell there are a great Number of Huts some 2 Miles apart from each other.

Henry Bonney

Taken & Sworn before me this fourth day of ? August? 1836 Westbury

P 207

Westbury County Westmoreland Island of van Diemens Land to wit

The Information and Examination of Thomas Richard White saith I know where some of the articles stolen from Brumbys Hut are. I know where a Waistcoat is that was stolen. It is in the Possession of a person who goes by the nickname of Parson Bedford, a Sawyer at work at the Back of Middle Arm, it is a Blue Waistcoat with spots in it At the time we stole the sheep at Mr Ruffey’s we rodb his Hut of a Musket, and some flour and the Musket is in the Possession of Jack Barretts Man and was about 4 Months ago, kept in a Boat called the Shamrock, about 3 Weeks before I was taken we robbed a Hut of a Man of the Name of Belcher, & took out of it a Hat and 2 Silk Handkerchiess, Camplin took possession of the Hat and wore it Britton took the handkerchiess & we took them to Harry James & got some provisions for them

Thomas Richard White Witness Charles J Walker Police Officer Westbury

Taken & sworn before me this 5^th day of August 1836 ? ? ?

P 208

1^st August 1836 Information v Thos Richd. White Prisoner Abscond. 1^st February

P 209

Memorandum

The Constable named in the margin has been transferred from the District of Oatlands to that of George Town, on the Salary Abstracts of which Station he will be borne from the 1^st proximo.

Mr Friend will have the goodness to take care that Window is on no occasion allowed to go out of the George Town District.

? Police Office Hobart 25^th Novr. 36

David Window free

M C Friend Esqr. ? George Town

P 210

APM 25 Novr. 1836

David Window free

Appointed a Constable at George Town

P 211

Memorandum

Forms similar to the enclosed which were transmitted to Mr Friend with the Circular under date 19^th Octr. Last have not been yet received at this office. Will Mr Friend be so good as to have the enclosed correctly filled up & return them if possible to this office by return of Post.

The Polalation is of great importance & most urgently required.

? Police Office, Hobart 6^th Jany.37

M C Friend Esqr. JP

& & George Town

(note in lhs margin

3 would they have been included in Launceston returns – such fact must be stated)

P 212

6^th January 1837

CPM Requiring a return of the Population and produce in the District of George Town

P 213

Copy

Police office George Town November 19^th 1836

Sir

I have the honor to inform you that the man named in the margin holding a Ticket of Leave and who absconded from this station in april last has been brought back by the Brig Henry from Port Philip and is now in Custody at this place.

(written vertically on lhs margin

Thomas McMenenny Caledonia)

I have the honor to be Sir your most obedient servant Mat. Curling Friend ? Magis

To M Forster Esqre. Chief Police Magistrate Hobart

P 214

(written vertically on lhs of paper)

The first object is if possible to prosecute the person or person who took him under The Consd. Act which may by only of the Man to make a confession but without promise of reward. The Man should be tried before Two Magistrates under the Consolidated Act.

? 23^rd Der 36

? ? ?

(written vertically on rhs of paper

CPM

Directions to try Thos. McMinorry under the Consolidated act

P 215

Memorandum

The Lieutenant Governor has been pleased to approve of the man named in the margin being appointed a Constable in the District of George Town. Mr Friend will therefore have the goodness to swear him in when he shall present himself for that purpose, reporting when he has done so to this office in order that Golding may be Gazetted accordingly.

? ? Police Office Hobart 3^rd Novr. 36

M C Friend Esqr. Jp George Town

John Goldring 1035 Wm Metcalf

P 216

CPM Memo Novber. 3^rd 1836

John Goldring per Wm.Metcalf appointed a Constable for the district of George Town.

P 217

Memorandum

The Lieutenant Governor having approved of the men named in the margin being appointed Constables in the District of George Town Mr Friend will be so good as to swear them in when they shall present themselves for that purpose, and report the day he has done so to this Office in order that they may be Gazetted accordingly.

In the absence of the CPM ?? Police Office Hobart 17^th June 36

M C Friend Esqre. JP & & & George Town

Michael Ashton ??03 John Jerusalem Rd Party

?mes Millington ?16 Ld. Wm. Bentick ass Tree Hill Rd Party

P 218

7 June 1836

CPM

Appointing Michael 603/ Ashton per John and James 1016 Millington Lord Wm. Bentink Constables for George Town

P 219

Police Office George Town June 2^nd 1836 Sir

Being so very short of constables and tho duty having so much increased I have to request you will be pleased to cause our number to be filled up and beg to recommend the persons named in the margin –

I have the honor to be Sir Your Obedient Servant Mat Curling Friend JP

M Forster Esqre. Chief Police Magistrate Hobart

(in margin on lhs 725 James Dooley per Lord Lynedoch 14 years

383 John Griffiths Georgiana 7 years)

P 220

T Pike abd. James Dooley and John Griffiths not be taken into the Police their conduct not being sufficiently good.

The conduct of these men has not been sufficiently good since they have been in the Colony to entitle them to admission into the Police

? Police Office Hobart 30^th June 36

M C Friend Esqre. JP George Town

P 221

1673

143

5^th July 1836

Memorandum

With reference to the circular from this office under date the 2^nd July 1836 relative to the sale of allotments in the townships in the Interior directions have been given for an Officer of the Survey Department to attend at such sales with a Map indicating the extent of each allotment.

The Chief District Constables are to be distinctly warned that no allotment is to be sold at a less sum than that specified in the Government Gazette as the minimum price and should

The Resident Magistrate George Town

P 222

Should they fail to pay attention to this position it will be at their own risk.

?? Police Office Hobart 7^th July 1836

Referred to the CP Constable July 12 M C Friend

To be returned

P 223

July 5^th 1836

CPM

CP Constable to be responsible in case they should sell any allotments under the price named in the Gazette

P 224

Memorandum

In reference to Mr Friends application of the 29^th Inst. For an authority for the payment of nine pence per diem to two Constables who were dispatched in pursuit of William Gribble Rev River absentee – I am directed to observe that the circular of the 17^th of May last only applies to cases in which authority shall first be obtained from this office and which can seldom be requisite excepting indded when parties of Bushrangers are out and when it may be necessary to send roving parties in quest of them.

?? Police Office Hobart 30^th August 1836

M C Friend Esqr. JP

P 225

(date unclear)

CPM respecting Mr Friends application for nine pence per diem for two Constables who went out on Bush duty.

P 226

Memorandum

The Lieutenant Governor has approved of the man named in the margin being appointed a Constable in the District of George Town. Mr Friend will therefore have the goodness to swear him in when he shall present himself for the purpose reporting when he has done so to this office in order that he may be Gazetted accordingly.

?? Police Office Hobart 28^th Septr 36

M C Friend Esqre. JP George Gown

James Brown 1084 Woodforde (2)

P 227

CPM Sepbr. 28^th 1836

Appointment of 1084 James Brown Woodford as Constable for the George Town district

P 228

Sir

I have the honor to state that being appointed by His Excellency the Lieutenant Governor inspector of Stock at this station and being informed that a Salary is attached to such situations

May I beg to solicit your interest on my behalf for a Salary for the same

I have the honor to be Your most Obedient Servant Charles Foreestur Inspector of Stock

To M C Friend Police Magistrate George Town

P 229

Referred to the Chief Police Magistrate Geo Town Oct 6 1836 Mat Curling Friend

The Lieutenant Governor regrets that he cannot comply with the request contained in this communication. ? 15^th October 36 M C Friend Esqr. JP

October 5^th 1836

CPM Mr Geevston ? not to have a Salary as Inspector of Stock

P 230

Police Office George Town October 14 1836

Sir

The Man named in the margin having been represented to me as well qualified for the Police. I have the honor to request you will have the goodness to cause him to be appointed to this station being two constables short of our complement should you approve it.

I have the honor to be Sir Your most obedt. Servt. Mat Curling Friend

? ? Foster Esqre. Chief Police Magistrate Hobart

William Fogarty Argyle

P 231

Petitioner conduct has not been sufficiently good since he has been in the Colony to entitle him to admission into the Police.

? Police Office Hobart 10 Novr. 36 M C Friend Esqr. JP George Town

October 14^th 1836

Wm Foggarty per Argyle conduct not good enough to entitle him for the Police

P 232

Police Office George Town September 27 1836

Sir

I have the honor to inform you that in the Constables abstracts for the month of July last (and which in consequence of our post arriving at Hobart but once a week was sent of the 24^th of that month) The name of James Harvey (Maritius) was necessarily entered – but on the following day I recommended his dismissal for being drunk – having heard no more of the matter and his pay having arrived he of course received it presuming my recommendations had not been approved. In August 19^th I received an intimation that he was ordered to Muddy Plains – and on the Gazette

P 233

Of the 19^th August received on the 21^st I observed his dismissal took place of the day of his sentence.

In the abstracts for the month of August the amount of his pay has been deducted which loss will fall upon me. I have therefore to request that the amount may be inserted in the next abstracts as having had no knowledge of His Excellency’s pleasure I would not consider I had a right to withhold the pay drawn for him.

I have the honor to be Sir Your Most Obedt. Servant Mat Curling Friend ? Mag.

? ? Foster Esqr. && Chief Police Magistrate

(written vertically on lhs of page

The Lieutenant Governor regrets very much that Mr Friend should have met with this loss which he must do as there is no way of recovering it from the Government and he should not have ? the man ? the decision of the Lieutenant Governor.

? Foster 15^th October 36

M C Friend Esqr. JP

CPM 15^th October 1836

Abt. The loss of Two Pound 14/6 that Mr Friend had paid to Constable Harvey

P 234

18299

Police Office Hobart 11^th June 1836

Sir

With reference to Mr Bowens communication of the 11^th Ulto. And your minute thereupon I have the honor to inform you that as it is deemed desirable to establish a Police Station at Cape Portland The Lieutenant Governnor has been pleased to appoint Mr Samuel Bowen Division Constable at that place. You therefore will be so good as to communicate this to Mr Bowen and swear him in accordingly reporting the same to this office in order to his being Gazetted.

His Excellency has likewise directed that one of Mr Bowens

M C Friend Esq. JP

& & &

P 235

Assigned servants is to be appointed special Constable for the purpose of assisting Mr Bowen and he will be so good as to submit the mans name to this office for approval.

I have the honor to be Sir Your most obedient Servant ? ?

P 236

15^th June 1836

CPM appointing Mr Bowen Division Constable at Cape Portland and one of his men to assist him also made Constable

P 237

The Chief Police Constable presents his Compliments to Mr Friend and is directed to request that he will have the goodness to pass a Sentence upon Cottrell and Jones to take effect from some definite period and ? having any reference whatsoever to the Governors orders.

Police Office Hobart 14^th June 36

M C Friend Esqr. JP

P 238

June 14 1836

CPM

At sentencing Cottrell and Jones without any reference to the Governors order

P 239

Police Office George Town May 17 1836

Sir

In the Act 6 William 4 No 2 called the “Consolidated Act for regulating General Courts of Quarter sessions” in cases of summary jurisdiction of Two Justices of the Peace. It is necessary that one Magistrate should be a Police or stipendiary Magistrate. I have been on consequence prevented trying several cases of Larceny and obliged to send the Parties to the Quarter Sessions in course of proceeding (from this place) most inconvenient and expensive.

I beg to be informed whether the words Police or stipendiary magistrate is intended to extend to me as Resident Justice of the Peace acting as Police Magistrate.

I have the honor to be Sir Your obedient Servant Mat Curling Friend

? Forster Esqre. Chief Police Magistrate

P 240

In these cases you can legally act as a “Stipendiary” Magistrate

? 20^th May 36 M C Friend Esqr. JP

CPM 20^th May 1836

Abt. Lt. Friend acting as a Stipendiary Magistrate 6 William 4 No 2

P 241

Police Office Hobart 13 June 36

Sir

I have the honor by direction of The Lieutenant Governor to draw your attention to the four cases as per margin contained in your last Report of Magisterial duties and to request that you will afford an explanation.

? Cottrell W Bentinck 1832 = 7

Insolence. Two months in addition to the Government order

Wm Jones ?dasten 1836 – 14

Drunk and breaking out of the penitentiary. One month in addition to the Government order.

Saml. Hay Lady Kidley 1821 2 (?) years

Sick in the Hospital Drunk & Disorderly Ten days labor on the roads.

M C Friend Esqr. JP

P 242

Explanation of the various points adicited to for His Excellencys information.

In the first two cases The Lieutenant Governor is quite at a loss to know what the Sentence is intended to be or what Government order is alluded to – In the third case a man who is sick in the Hospital is sent to for Ten days to the roads. If he were sick in the Hospital it would appear he could not be fit to work

(on rhs of page)

?Chas Banks Makesby 1833 – 7 Neglect of duty Three months Chain Gang

P 243

Work on the roads. In the fourth case the Sentence is not according to law and in reference thereto I am requested to call your particular attention to the Circular from this Office under date the 7^th September 1835.

I have the honor to be Sir

Your very obedient humble Servant

M Forster (?) ?

P 244

June 18 1836

CPM requiring Mr Friend to explain the sentences He had passed on Cottrell and Jones Hay and Caleb Banks

P 245

George Town May 21 1836

Memorandum

351 Thomas Caines per Medway most respectfully requests permission to Resign the Office of Petty Constable. His Excellency the Lieutenant Governor having granted to him a Ticket of Leave.

To Matthew C Friend Esquire Police Magistrate George Town

(in pencil)

Paul Milkin free (TL) wishes to resign

Paul Milkin – Free – wishes to resign.

P 246

The Lieutenant Governor approves of Caines resigning from the end of July and Paul Milkin from the end of this month. MF

Police Office Hobart 14^th June 36

M C Friend Esqr JP George Town

CPM 14 June Permission for Paul Milkins and Thos Cains TL to resign their situations as Constables.

P 247

Memorandum

With reference to the Circular from this office under date 13^th Decr last, the attention of M C Friend Esqre. Is requested to the fact of the Quarterly return up to the 31^st Decr. March 37 therein referred to not having as yet been received at this office

? Police Office, Hobart 14^th April 1837

M C Friend Esqre. JP “ “ “ George Town

P 248

April 14^th 1837

CPM Memo Calling Mr Friends attention to his circular of the 13^th December 1836

P 249

Memorandum

With reference to the sentence passed upon the man named in the margin namely “One year “additional to original sentence “and recommended to be sent to “Port Arthur” The Chief Police Magistrate has been directed to call for an explanation as to whether this is meant to refer to his “original” or “existing” term of Transportation – this man’s sentence having been already extended.

William Woodman Georgiasia (2)

In the absence ? ?

Police Office Hobart 7^th February 37

M C Friend Esqr. JP George Town

P 250

7 Feby 1837

CPM requiring Mr Friend to explain what was meant with regard to the sentence passed upon Wm. Woodman

P 251

Police Office Hobart 28^th April 1837

Sir

I have the honor to inform you that the Lieutenant Governor has been pleased to approve of an addition of two petty Constables being made to the present Police Establishment of your District thereby augmenting your present force from seven to Nine.

You will therefore have the goodness to submit the names of any fit person to fill these vacancies at your earliest convenience. This

M C Friend Esqre JP George Town

(in margin on lhs)

444

From 7 to 9

P 252

This increase of Police force will enable you to station two constables at Mount Direction as well for the purpose of Escort duty, as to look after the Road Party.

I have the honor to be Sir

Your most obedient humble Servant ???

P 253

28^th April 1837

CPM The Police Constables to be increased from seven to nine men.

END OF VOLUME

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Posted in 1

ms 3251 1829-1833 box 2 vol 3

Posted on October 24, 2009 | 1 comment

ECHOES OF BUSHRANGING Days in Van Diemen’s Land: BRADY, McCABE, PERRY, GEFFREYS and BRITTON
1829 – 1833
Manuscript 3251. Collection of the National Library of Australia.
box 2 vol 3 1829-1833

TRANSCRIPT:

Launceston May 8^th 1826

Sir,

I request you will be pleased to move HIS HONOUR the LIEUTENANT GOVERNOR to grant a Licence for the solemnization of Marriage, without Publication of Banns, between

Ralph Compton Single Man of Norfolk Plains Port Dalrymple and

Jane White Single

Woman of Norfolk Plains Port Dalrymple

And I do hereby aver, that no lawful Impediment exists to the said Marriage, and that both Parties are above Twenty-one Years of Age.

I have the honour to be,

SIR,

Your most obedient Servant

John Youl

Chaplain

To Captain Montagu Charles Arthur Esq

Secrerary to

HIS HONOR the Lieutenant Governors,

&c &c &c

p2 [small a5 page]

Dear Sir or Madam: We the undersigned being desirous to enter into the Holy state of Matrimony would feel obliged by your publishing the Bands for Us in Saint Johns Church tomorrow morning. We are Both residents of this Town Late of Norfolk Plains

Signed Ralph Compton

Jane White

Witness

John Fawkner

July 7 1827

[other side of letter page]

RevM? Norman

Mr Booth

Edwin Thomas

OHM L

Charles Arthur Esq

Private Secretary

To hi Excellency Lt Geo Arthur

&c &c &c

Hobart Town

Revd J Youl

One

Police Office Launceston

19^th Novr 1829

Sir

I have the honor to return enclosed herewith the Petition of Richard James and to inform you that in reference to the Black Book in this office one of the leaves is missing but by the second of October 1826 it appears Richard James was acquitted of the charge of staling eleven ducks the property of William Roach.

I have

Sgd W Lyttleton

POL 19^th Novr 1829

Sir

With reference to your letter of the 12^th instant 8698/26 calling for a copy of the proceedings in the case of James McGarrett 49 per Minerva I have the honor to enclose here with full copies of the proceedings against him and also of those in the case of Richard Bakers which appears to be connected with that of McGarrett.

I regret that I found it impossible to forward those papers by last Monday past in consequence of a deficiency in the numbers of my Clerks and one of them being sick on that day.

It may not be improper would that I am informed by Constable Andrew Rhine that McGarrett has recently given him such information as has led to the apprehension

P6 two

Of James McCabe who fled from Sydney charged with horse stealing and that McGarrett has promised to render further assistance to Rhind in the execution of this duty.

I have

Sigd W Lyttleton

The Honorable

John Burnett Esq

POL23rd Nov 1829

Sir

I have the honor to annex copy of a memorandum left at this office on Saturday last by George Powell who states he has not yet received his conditional pardon – it appears by the Book in this office that Powells description was taken by Mr Mulgrave and provided to your office on the 2^nd of last Febry, I have therefore to request you will be pleased to transmit to this office the document alluded to in the memorandum that it may be issued to the said George Powell.

I have…

Josiah Spode Esq JP

To L of Convicts

Three

POL 22^nd March 1829

3 o clock PM

Sir

I have the honor to enclose herewith a copy of the information of John Clark (who has just been brought to the hospital) on order that you may use every means in your power for the apprehension of the offenders.

Clark appears to be in so weak a state from loss of blood and the length of time he had lain upon the Road that I could not obtain further particulars of the transaction. I cannot help observing that although the poor man says he thinks one of the men was not Bevan that the description of them tallies with those of that notorious bushranger and his companion Britton

I have…

Capt Smith JP

POL 20^th Nov 1829

I have the honor to enclose herewith copies of the information of Field Police constable John Clark which was obtained with difficulty about 3 o clock yesterday afternoon immediately on his arrival at Hospital and I regret to add the poor man died.

I lost no time in communicating the circumstance to the Police Magistrate at Norfolk Plains and parties were sent from Launceston in search of the offenders, Memo – this letter continued by Mr Lyttleton

P8 four

POL 22^nd Nov 1829

Sir

I have the honor to return enclosed herewith the memorial of Police Character of William Axford/Asford and regret to add that I cannot furnish the explanation required in your letter of the 13^th instant as the Records of the Commandants at George Town contain no entires between the 29^th f march and the 17^th of April 1822 nor any convictions against Asford in that year, and Mr Kenworthy had no recollection of this matter.

I have….

PA Mulgrave JP

CF Police Magistrate

P9 five

POL 23^rd Nov 1829

Sir

I have the honor to enclose herewith application of Charles Foxton?? To be appointed a District Constable for the Tamar and application of John Cummings George Radford and George Pyle for the situations of District Constable vice Samuel Sharbeck/Herbert? Removed to the solication??? Of Superintendent of the Factory at George Town and I have to inform you that Petty Constable Robert Whittington 318 CF per Lady Nelson was suspended from his office on the 13th instant for neglect of duty and Drunkenness and that John Moore per Sir Godrey Welstonfeld??? Was sworn in as acting Constable on his stead on the same day

PA Mulgrave Esq

POL 26^th Nov 1829

Sir

I have the honor to enclose herewith Copy of a warrant upon which John McCabe has been apprehended by Constable Andrew Rhind and lodged in Gaol here and fearing that if he was sent to Sydney by one of the Trading Vessels from this Port without being guarded by a constable or other Peace Officer he would effect his escape I request to be informed what steps

P10

Are to be taken to convey him to Sydney

I have…

Chief Police magistrate &c &c

POL 30^th Nov 1829

Sir

With reference to your letter of the 27^th inst requiring the particulars of Margaret Burton who is reported to have absconded from the service of Mr Alexander Paterson on the 20^th instant I have the honor to inform you that there are no indents of Margaret Burton either at this office or that of the assistant superintendent … of convicts at Launceston on enquiry of her late master it appears she came by the Mermaid, her sentence is fourteen years and that she was assigned to Mr Paterson at Hobart Town on the 12^th July 1828

I have the…

JH Moore Esq JP

Muster Master

Returned the Petition of Henry Stephens to Mr Spode report favourable

P11 seven

POL 30^th Nov 1829

Sir

I have the honor to inform you that Joseph Bass per Woodford, Life, was this day sworn in as Petty Constable at Launceston subject to the approval of His Excellency the Lieutenant Governor and that Morgan Williams per Medway is recommended for the Field Police in lieu of John Gardiner per Globe .326. employed under the Direction of Mr John Batman should these persons be approved of they will complete the number of Constables at present allowed for this District.

I have the honor to be…

CF Police Magistrate

POL 20^th Nov 1829

Sir,

With reference to the Government Police of the 27^th Oct 1829 no.237, I have the honor to enclose herewith Return of assigned servants in this District as received from their Employers together with a list of the same and I request to add that the want of a new and completed Register of the convicts in this District prevents me forwarding ?? their nweracy???

I have…

The Honorable

John Burnett Esq

P12 eght

POL 30^th Nov 1829

Sir,

I have the honor to inform you that John Grant per Caledonia holding a Ticket of Leave was permitted to leave the Office on the 8^th of Oct last when he had been for several years employed as Clerk, and thus I have great need of another Clerk to fill his place, I therefore request you will be pleased to move His Excellency the Lieut. Governor to permit Thomas Brennan? Per Admiral Cockburn who was convicted at the last Criminal Session in Launceston and has since been confined in Gaol have? To be employed as Clerk in this Office in lieu of Grant. His Excellency may be pleased to direct an efficient Clerk to be forwarded from Hobart Town to this office at an early convenience.

I have…

PA Mulgrave Esq

CF P Magistrate

P13 nine

POL 7^th Decr 1829

Sir,

I have the honor to enclose herewith Mr Hinksman?? Letter together with abstract of salary and allowance due to him as received this day for my signature.

I have…

The Honorable

John Burnett Esq

POL 7^th Decr 1829

Sir

It having become questionable at this office whether a Prisoner of the Crown is an eligible person to file an information against a free inhabitant of the colony for harbouring runaway convicts and illegally redriling???? Spiritous liquor and it has been stated that an information framed in the name of a Convict Felon against a free person would not support conviction and that all such informations at Hobart Town and other Police Stations are framed in the name of the Chief Constable or other respectable Officers I should feel obliged if you would favor me with your opinion on this lead at your earliest convenience.

I have the honor to be Sir

PA Mulgrave Esq

CF Magistrate.

P14 ten

POL 13^th Dec 1829

Sir,

I have the honor to enclose herewith unfixed contingent abstract for the Quarter ending the 30^th of Sept. 1829 and also return of claims made at this office up to the same period and as I conceive? Those accounts should be made out on printed forms of which I am not furnished.

I should feel obliged if you would direct the requisite forms to be forwarded to this office as soon as convenient, – I have not signed the abstracts as it appears to require the signature of M Gordon who was Police Magistrate here at the time, and I am informed by by Chief Clerk that he more than once pointed out to that office the expediency of forwarding those accounts at the immediate termination of the Quarter to which they relate.

I have the honor to be &

W Lyttleton

CF Police Magistrate

Memo for copy of those documents see the memo books.

POL 14^th Dec 1829

Sir,

I have the honor to enclose herewith copy of the proceedings against William Watson per Albion as requested by your letter of the 11^th instant.

I have

Dudley? Fereday Esq

Sheriff

P15 eleven

POL 14 Dec 1829

Sir,

With reference to your letter of the 10^th inst. Respecting Margaret Burton per Mermaid I have the Honor to inform you that upon an enquiry made by Mr Paterson amongst his servants it appears that Margaret Burton arrived in the Colony by the name of Margaret Wall an that her husband [blank] Burton is now at Sydney and I regret to add that I cannot furnish any further particulars of that female.

I have….

JH Mone (Moore?) Esq

Muster Master

POL 14^th Dec 1829

Sir,

I have the honor to return enclosed herewith abstracts with the signature of James Murray affixed thereto who requests that the money may be made payable through the house of Dr CG Hull

Geo? Bages/Boyes? Esq

POL 15^th Decr

Gentlemen

I am required by the Police Magistrate to beg your attendance at this office on any convenient day of the present week to state the exact manner in which you wish to serve against the Bushrangers

P16 twelve

And the black native people

Messrs Liddle & Cameron

Patersons Plains

Jno Bell/Rel?

CF Black

POL 21^st Decr 1829

Sir,

I have the Honor to enclose herewith Returns of assigned servants as received at this office since my general returns was forwarded on the 30^th of Novr according to the Govt. Order No 237.

I have…

The Honorable

John Burnett Esq

POL 21^st Decr 1829

Sir,

I respectfully beg leave to call your attention to my letter of this 30^th ultimo respecting the appointment of a Clerk in lieu of John Grant and to remind you that the business of this office requires a clerk should be furnished in his stead with as little delay as possible.

PA Mulgrave Esq.

P17 thirteen

Police Office 21^st Dec 1829

Sir,

I have the honor to request you will be pleased to forward by next messenger some private? Forms or permits for the removal of wine or spirits and some summonses for principals ???????? a very few of these forms and none of the latter.

PA Mulgrave esq

POL 27^th Decr 1829

Sir,

I have the honor to enclose herewith Certificate of Freedom of George Pass No195 for completion

I have….

Josiah Spode Esq

POL 27^th Dec 1829 [X in purple pencil]

Sir

With reference to your letter of the 11^th instant enclosing the applications of Messieurs Cameron and Liddle /returns herewith/ to be employed in pursuit of Bushrangers and the Black Native people I have the honor to inform you that immediately on the receipt of your letter I wrote to those persons requesting their attendance at this office and it was no until the 22^nd instant they made their appearance.

Mr Cameron came free to the Colony

P18 fourteen

Seven years ago and resides upon his farm near that of Captain Barclay and John Liddle rents a farm of James Hill at the back of Patersons Plains but has a partner to manage the farm in his absence. They request to be employed by Government for twelve months to have their prisoners well armed attached to them, and their whole party to be rationed and supplied with ammunition, at the expiration of the twelve months to receive five hundred acres of land each and a further renumeration of fifty pounds each should their services be found useful and be certified as such by the Magistrates of the Districts in which they my be employed.

They are both strong young men and appear capable of enduring fatigue and I understand have a perfect knowledge of the eastern parts of the Country and are every way colutated??? For the proposed service I therefore respectfully submit my opinion thus they might in all probability be successful employed in pursuit of Brady and other Bushrangers as well as of the Black Native people.

I have…..

PA Mulgrave JP

CF Police Magistrate

P19 fifteen

POL 15^th Dec 1829

Dear Sir or Madam:

I am requested by the Police Magistrate to inform you that the complaint alledged against you by Mr Letter will be further investigated at this office at 10 o clock on Friday next when your attendance will be indispensibly necessary.

Signed JW P

Mr David Rolston

Police Office Launceston

1^st Jany 1820

Sir,

I have the honor to return enclosed herewith Salary abstracts and requittance of pass for persons in this department together with a nominal list of persons entitled to salary for te present quarter and beg leave to inform you that a similar list was formed for the Police Office in Hobart Town three weeks ago and trust? Marks upon the enclosed list will distinctly shew the corrections necessary to be made before I can sign the abstracts.

Those documents would have been forwarded to you by return of post on last Monday had there not been an unusual press of Business at this office on that day as well as an inquest which lasted from ten in the morning until midnight and the office being insufficiently supplied with clerks.

I have….

PA Mone (Moore?) Esq

Muster Master

P20 sixteen

POL 1^st Jan 1830

Sir

I have the honor to enclose herewith informations against Moses Cochrane a convict charged with felony.

I have….

Algernon Montagu Esq

HM A General

Sent Captain Donaldson informations in the case of Weaver accused of an unnatural crime to be returned to the office under cover 30 pages. [i]

POL 4^th Jany 1830

Sir,

I have the honor to enclose herewith the examination of Mr John Young touching the points required in your letter of the 24^th ultimo and I regret that it is was entirely out of my power to forward it by last post.

I have…

P Mulgrave JP

POL 1^st Jan 1830

Sir,

I have the honor to enclose herewith information against John Fuller a convict charged with stealing in a shop goods of the value of forty??? Shillings and upwards

I have….

Algernon Montagua eq

HM A Gl

P21 seventeen

POL 1^st Jan 1830

Sir,

I have the honor to enclose herewith information against John Montgomery a convict charged with stealing an iron chain of the value of five shillings the property of his master William Barnes Esquire.

I have….

Algernon Montague Esq

HM A Gl

POL 1^st Jan 1830

Sir,

I have the honor to inform you that Constable William Henry Bird attached to this District per Coromandel? Holding a Vlained?? And Ticket of Leave was permitted to leave the Police this day and thus Henry Muirhead per Phoenix has been sworn in as Field Police Constable in his stead and request that should his appointment be approved he may be gazetted accordingly

I have…

PA Mulgrave Esq

POL 2^nd Jan 1830

Sir,

I have the honor to enclose herewith a warrant for your assigned servant James Smith and to inform you that it has been reported here that three others of your assigned servants were present at the fight.

I have….

WG Walker Esq

P22 eighteen

Police Office Launceston 4thJany 1830

Sir,

With reference to your letter the 28^th ultimo 9745/2 respecting my certificate upon this application of Mr James Hazlewood for a grant of land I have the honor to inform you that Mr Hazlewood purchased the assignment of the town allotment No 1 from Mr Frederick Champion upon which there was then no Buildings but a weatherboard House yet in an unfinished state has since been erected upon that allotment.

I have…

The honorable

John Burnett Esq

POL 4 Jany 1830

Sir,

I have the honor to return enclosed herewith the memorial of Mr Allan McKinnon with the Certificate of the convicting Magistrate thereon

I have…..

PA Mulgrave Esq

Cf Police Magistrate

P23 nineteen

Police Office Launceston 4^th Jany 1830

Sir

I have the honor to report for His Excellency’s information *on the events of 29^th afternoon, that having understood that a pitched battle was to be fought on the preceeding day somewhere near Norfolk Plains I dispatched Constables Thomas Johnson with several other Constables to ascertain the exact place * to apprehend any Runaways they might find and if they could ? was prevent this fight to report me the particulars from which it appears that George Green?/Elen? Glen? Who has recently arrived here from Sydney and John Williams who has been here some years residing in this District fought on the bank of the South Esk River * near Collins Public House for one hundred pounds on one side and seventy five pounds on the other that upwards of seven hundred persons were assembled and amongst them a great many assigned servants there were considerable sums of money with horses? And wattle? Have been fraudulently won and lost at this Battle for it is generally believed that much duplicity has been used by a few bad men upon the occasion and I humbly conceive that so large a number of disorderly persons assembling for such purposes might be attended with serious consequences and that the ? may? Required steps ought to be taken to prevent a recurrence of a disgraceful a? meeting

So soon as I had received

P24 twenty

The requested information I issued warrants for the apprehension of the pugilists as well as their seconds. Williams who was then under bail to keep the peace has not yet been apprehended and I regret to add that one of the constables who I had placed confidence in has been accused of betting at the fight which circumstance is now under investigation before Mr Barnes and Mr Kenworthy the result of which will be fully reported by next post.

PA Mulgrave Esq.

POL 9^th Jany 1830

Sir

I have the honor to inform you that Thomas Johnson per Caledonia holding a Ticket of Leave was dismissed from his office of Constable on the 5^th inst. For having encouraged a prize fight by getting sums of money upon it and to request that Charles Stewart per The John Barry who formerly belonged to the New South Wales Veteran Company may be appointed in his stead.

P25 twenty one

POL 9^th Jany 1830

Sir

I have the honor to enclose herewith a coy of the Information of Thomas Cox and to inform you that other masters have refused to supply their assigned servants with necessary clothing food or money to enable them to travel to Hobart Town when Subpoenaed thither to attend the Supreme Court or Police Office and I beg to be instructed how far I may in future be justified in making requisitions upon the Commissariat? (convict and other?) departments for the maintenance or clothes of convicts under such circumstances.

[Lots of crossed out lines]

p26 twenty two

POL 11^th Jany 1830

Sir

With reference to your ???? Of the 8^th instant informing me that my application for Thomas Brennan to be employed as Clerk in this office has been forwarded to the Colonial Secretary I have the honor to request you will be pleased to remind that Gentleman of the expediency of immediately placing Thomas Brennan or some efficient clerk in this office Two of my clerks are now sick Henry Stephens two oaks??? Remaining? Prisoner’s Clerk is a very indifferent and slow penman

I have…

PA Mulgrave Esq

Cf Police Magistrate

P27 twenty three

Police Office Launceston 11^th jany 1830

Sir

I have the honor to request you will be pleased to inform me by return of post to when the fees for cart licences should be paid viz whether this should go to the Crown or be considered as part of the instances of any person employed in the Department.

POL 11^th Jany 1830

Sir

I beg leave to remind you that I forwarded to your office on the 21^st of last November a Requisition signed by the chief District Constable for seven muskets, twelve pair of handcuffs and cord? For oats? For the use of these Districts and as these articles are much required may I request you will have the goodness to inform me if the Requisition is likely to be acceded to.

I have….

PA Mulgrave Esq

Cf Police Magistrate

POL 11^th Jany 1830

Sir.

I have the honor to enclose herewith application of James Holman together with an extract from the Records of this Office and request you will be pleased to inform me by return of post if you have any objection to her being liberated from the Gaol and restored to her husband.

I have….

J Gordon Esq

PM Richmond

P28 twenty four

POL 11^th Jany 1830

Sir

I have the honor to report that John Brown accompanied by Samuel Britton a man whose name is yet unknown robbed the house of Mr Archibald Thomson on the west bank of the Tamar, last night, they left the premises about two o clock this morning and taking with them Mr Thomson’s Horse and two of his assigned servants to carry their plunder.

It appears from the statement of one of Mr Thomson’s assigned servants which is the only account yet at hand of the transaction that seven men were at the Hut when there were four muskets some of them if not all were loaded about eight o clock in the evening when the bushrangers entered and secured the men and then proceeded to the house which it is believed they robbed of a great deal of property that Mr Thomson had left home abut four o clock in the afternoon and gone down the Tamar in a Boat with two of this men that no violence was offered to any of his family or servants and that Brown and his companions appeared on familiar terms with some of Mr Thomson’s men.

As soon as this news Reached me I gave notice of it to the Police Magistrate of

P29 twenty five

Norfolk Plains as dispatched all disposable free with military parties furnished by Capt. Donaldson in pursuit of the Robbers.

POL 11^th Jany 1830

Sir,

With reference to your circular of the 8^th instant 9834 requiring a return of Agriculture manufacture and populations in this district. I have the honor to inform you that it will be morally? Impossible that the required information can be accurately obtained and furnished by the 1^st of February in as much as this office is insufficiently supplied with clerks the Division Constables are all men of little or no education and the Chief District Constable is now on his way to attend the Supreme Court at Hobart Town. I however will use every possible means in my power to prepare and furnish the required Return with as little delay as circumstances will a??? of.

I have the honor to be…

The Honorable

John Burnett Esq

P30 twenty six

POL 11^th January 1830

Sir

I have the honor to inform you that I have not one present form of permit in this office and as nearly 100 are as such weekly I request to be furnished by return of post with 1000 printed forms or of permits for the removal of s????? and as well as the forms of summonses promised in your letter above three weeks ago.

I have

WH? Mone? Esq.

POL 18^th Jany 1830

Sir,

With reference to your letter of the 8^th instant requesting to be furnished with the police numbers of the persons mentioned in the margin I have the honor to annex the required particularly as far as they can be obtained and I regret that I have only one old Register of the Convicts in this Office which is in such a mutilated state that I cannot vouch for the weekly returns of offences being so accurate and complete as I could wish.

I have…

JM? Moore Esq

Muster Master

P31 twenty seven

Sir,

I have the honor to enclose herewith the petition of H Stephens, Henry Helps, and JK Cunliffe Prisoners employed as Clerks in this office and as the prisoners constable now receive two shillings per Diem besides which they may obtain by fines I humbly conceive that the clerks ought to receive some additional pay or at least commutation? Money instead of their rations which they assure me are of very little value indeed.

I do not know how the Prisoner Clerks are paid and…???? Office and have m???? sent the enclosed petition to you in order that you may judge how far it would be proper to submit if to be considered of His Excellency the Lieutenant Governor.

I have……

PA Mulgrave Esq

CF P Magistrate

P31 twenty eight

POL 18^th Jan 1830

Sir,

In reply to your letter of 14^th instant bearing reference to my letter of 11^th respecting returns required by the Colonial Secretary by the 1^st Feb where in you state that you cannot consider completion of the aid Return dependencies was upon a Register of Convicts or Black Books. I beg leave to inform you that I fear some misunderstanding has taken place respecting my letters of last week I therefore taken the liberty to annex a copy of the only letters I wrote which was to the Colonial Secretary respecting returns.

POL18th Jan

Sir,

With reference to your letter of the 14^th inst respecting the need for cart licences and permits where in you state that the accounts should be accompanied by an affadavit according to the annexed form I beg leave to inform you that your clerk has omitted for annex the forms/terms? Of the affadavits to your letters and as I am unacquainted with its I should feel obliged by

P32 twenty nine

Your furnishing it by the next messenger

I have…

PA Mulgrave Esq

POL 25^th Jany 1830

Sir

I have the honor to enclose herewith in duplicate attested account , fines and fees received by me as Police Magistrate during the Quarter ending this 31^st December 1829. You will perceive that these accounts contain fees for Permits and Carts Licences from the 12^th of November the days on which I took charge of this Office and the same received under those heads? From the commencement of the Quarter up to that time were collected by my Predecessaor James Gordon Esq who I believe paid them to the Treasurer as he arrived at Hobart Town.

I regret? That those accounts have lain over so long, but it was necessary that the accounts of fines should be examined at a Quarter or General Sessions to award the same paid in the informers ? has occasioned some delays.

I have the honor to be

Sir

WG Boyes Esq

Papers of those accounts see Memorandum Book

P33 thirty

POL 25^th Jany 1830

Sir

I have the honor to enclose herewith informations against Edward Sweeney charged with “murder”. I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

POL 25^th Jany 1830

Sir

I have the honor to enclose herewith information against Richard Waters charged with “Receiving a stolen watch”

I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

POL 25^th Jany 1830

Sir

I have the honor to enclose herewith infomrations against David Rolston with maliciously firing at and wounding a Bull – Mr Rolston has been admitted to bail.

I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

POL 25^th jany 1830

Sir

I have the honor to enclose herewith informations against George Wardham /Woodham charged with felony

I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

P34 thirty one

POL 25^th Jany 1830

Sir,

I have the honour to enclose herewith a letter from Mr John Daniels tending his Resignation as keeper of the pound at Launceston and also the petition of Mr George Pyle praying to be appointed in Mr Daniel’s stead which petition I beg leave to recommend to the favourable consideration of His Excellency the Lieutenant Governor

I have the honor to be …..

PA Mulgrave Esq

Cf Police Magistrate

POL 25^th Jany 1830

Sir,

With reference to your letter of the 22^nd instant requesting to be furnished with the particulars respecting the person ingation? In the mangle? I have the honor to inform you that it appears from the Register in our Office as well as the Certificate of Freedom which has recently been delivered to Thomas Pearce per Albion that his Police Number is 311 I therefore suspect that the number offered by Thomas Purser per Albion is incorrect.

I have….

JM? Moore Esq

P35 thirty two

POL 25^th Jany 1830

Sir,

I have the honor to enclose herewith five bonds as requested in your memorandum of the 8^th inst. And I beg to observe that one of them is drawn up in the name of John Rowley which it appears from the mans signature and statement should have been James Rowley.

I have….

Edward Boyd Esq

Deputy Surveyor General

POL 25^th jany 1830

Sir,

I beg leave to remind you that the salary abstracts of the last Quarter have not yet arrived for my signature and that I forwarded to your office on the 1^st instant a list of persons of this department entitled to salary up to the 31^st ultimo.

I have…

JW? Moore Esq.

POL 25^th Jany 1830

Sir,

With reference to your letters of the 18^th inst. 9834/3 respecting the returns of agricultural manufacture and population

I have the honor to inform you this women? Watch? On the? Receipt of gin? Circular of the 8^th inst.??

I directed

P36 thirty three

papers to be ruled and handed and forwarded with letters from the office to Division Constables in this District required their immediate attention to the matter. Some of those lists have been returned to this office exceedingly incorrect as many of the Farms omitted pretending that they do not know the brands? of their respective divisions and as Mr Welsh the Chief District Constable has not yet returned ???? to me?? And the great want of clerks in this office I fear it will be this day fortnight before the Regional Information returns can be obtained and forwarded to your office.

I have….

The Honorable John Burnett Esq

POL 1^st Feb 1830

Sir

I have the honor to enclose herewith in triplicate monthly abstract allowances to Field Police and Petty Constables in the districts to be countersigned by you. Which I understand from Mr DUGB Hull is absolutely necessary and request you will e pleased to return them to this office by the next messenger I also learn from Mr Hull that he has not yet received any instructions or warrant to pay the constables allowance…

P37 thirty four

And as most of them have need of their pays as soon as it is due perhaps you will deem it requisite to cause the necessary instance??? to be forwarded to Mr Hull by next post that the men may receive their money as early as possible.

JH Moore Esq

POL 1^st Feb 1830

Sir

I have the honor to annex Return of Offence recorded at this office against Thomas Williams 634 per Lady Earl as required in your letter of the 29^th ultimo.

I have….

JW Moore Esq.

Police Office Launceston 8^th Feby 1830

Sir

I have the honor to enclose here with dupicate returns of fees received by the chief clerk at this office during the last two quarters as per the fee Book kept at this office

I have…

WG Boyes Esq

P38 thirty five

POL 6 Feb 1830 [purple pencil X]

Returns of fees received by persons employed in the Police Departments in Launceston and authorized to be appropriated as part of the Enoluments? of Office during the Quarter ending the 3^rd of Sept 1829.

Joseph William Bell Chief Clerk

Information Oaths Warrants

Summonses & recognizances 13…13

John Dell acting Chief Constable

Serving Warrants and summonses 3.. 15..0

Sigd W Lyttleton 17…8…0

POL 6 Feb 1830

Return of fees received by persons employed in the Police Department at Laucneston and authorized to be appropriated as part of the emoluments? F Office during the quarter ending the 31^st December 1829

Joseph William Bell Chief Constable

Informations oaths warrants

Summonses and recognizances 15…13…6

John Dell acting Chief Constable from the commencemences?

Of the quarter to the 18^th Oct 1829

Serving summonses and warrants 7….6

PW Welsh Chief Constable

From the 19^th Oct 1829 to his termination

Of the quarter 3..15..6

£20…6…6

P39 thirty six

Police Office Launceston 8^th Feby 1830

Sir

I have the honor to enclose herewith in duplicate unfixed contingences abstracts for the quarter ending the 31^st December 1829

?????

JH Moore Esq

Muster Master for abstracts see memo book

8^th Feby 1830

I have the honor to enclose herewith Descriptions of Thomas Brown 792 as requested in your letter of the 28^th Jany

I have…

JW Moore Esq

POL 8^th Feby 1830

Sir

I have the honor to return enclosed herewith the letter of Mr W Patten together with his statement and that of Mr William Kneale stating? Thereto.

I have….

PW Mulgrave

Cf Police Magistrate

POL 8^th Feby 1830

Sir

I have the honor to inform you that Joseph Bass per Woodford was sworn in as a Petty Constable attached to this department on the 3^rd Novr last * as appears in a letter of that date and that he has and subsequently gazetted as a Constable of George Town and there being no Police Establishment in that Township, Bass has since been ?????? continued to act

P39

thirty seven

As a constable at Launceston and his name was included in the par? List for the last month which are on this day returned by the muster master as incorrect in consequence of Basses name being included I beg therefore to be instructed where and how Bass it to be employed and from which department he is to be paid.

I have

Cf P Magistrate

POL 8^th Feby 1830

Sir

I have the honor to enclose herewith Return of Agriculture Manufacture and Population in the Police District of Launceston which includes George Town as furnished at this Office by the Chief Constable and Divisions Constables

I have…

The Honorable

John Burnett Esq

Forwarded Mr Dell’s letter to the cf P Magistrate requiring twenty pounds for cart hire.

POL 15^th Feby 1830

Sir

I have the honor to enclose herewith examinations taken against John Davis convict charged with Felony.

I have

A Montagu Esq

P40

Thirty eight

POL 15 Feby 1830

Sir

I have the honor to enclose herewith examinations taken against John Kelly a convict charged with Felony

I have…

Algernon Montagu Esq

POL 15^th Feby 1830

Sir

Happening that Joseph Bass per Woodford who was sworn in as a Petty Constable attached to the Police Department at Launceston has been gazetted as a Constable at George Town which I conceived was a mistake in the printing and therefore employed him in Launceston, and on my late visit to George Town I discovered there two constables are already placed there with very little duty to perform and as Bass continues to be use fully employed at Launceston I have the honor to request that he may be gazetted as a Constable attached to the Police at Launceston as requested in my Letter of the 30^th of Novr 1829.

I have…

P41

Thirty nine

POL 15^th Feby 1830

Sir

I have the honor to inform you that the abstracts for salaries due to persons in this Department up to the 31^st of December last have not yet been forwarded to Launceston and that the monthly abstracts allowances to Field Police and Petty Constables in this District have not yet been received, and as the Constables complain bitterly of the inconvenience they experience for want of their pay I pray you to have the goodness to cause the necessary documents to be forwarded with the least possible delay.

I have the honor to be…

JW Moore Esq

POL 22^nd Feby 1830

Sir

I have the honor to annex copy f offences recorded at this office against the convicts named in the margin and it appears on examining the records the whole of the offences except the last one should have been posted into the black book against Thomas Williams per Lady East? Who was tried in London and whose number on our Register is 631…

P42

Forty

As no 634 has been erroneously posted into the black book against some of the offences it is therefore probable my Return of Offences recorded against Thomas Williams 634 on the 1^st instant is incorrect.

JW Moore

Muster Master

POL 22^nd Feby 1830

Sir,

I have the honor to enclose herewith the Description of William Stevens 112 which would have been forwarded sooner but them poor man has been confined to his bed in the hospital from sickness.

I have…

JH Moore Esq JP

POL 22^nd Feby 1830

Sir

I have the honor to enclose herewith abstracts and acquaintance of pay for twenty nine persons employed as constables at Launceston from the 1^st to the 31^st Jany last.

I have to request you would be pleased to furnish this office with some printed forms of abstracts for the monthly pay of the constables.

I have….

PA Mulgrave

P43

Forty one

POL 22^nd feby 1830

Sir

I beg leave to acquaint you that the abstracts for salaries due to persons in the departments up to the end f the last quarter have now been forwarded to Launceston for payment and a the monthly pay of the constables has not been paid since that time, they complain badly of the inconvenience they experience in consequence of the delay I have written twice to Mr Moore upon the subject and I trust you will have the goodness to cause the abstracts to be forwarded with as little delay as possible as I conceive the keeping the Constables out of their pay to be fraught with mischief as well as inconvenience.

I have

PA Mulgrave Esq JP

P44

Forty two

POL 22^nd feby 1830

Sir

I have the honor to inform you that I have not one printed form of a permit summary for principals and summons for witness, in the office and request you will be pleased to supply those forms at your very earliest convenience.

I have…

JA Moore Esq

POL 1^st March 1830

Sir

I have the honor to enclose herewith examination taken against John Cairns and Bernard Cosgrove charged with Felony and in consequence of the great contradiction in the evidence and the character of Mary Barrett being indifferent Cairns and Cosgrove they have been held to bail

I have…

TC Simpson

Attorney General

POL 1^st March 1830

Sir

In reply to your letter of the 18^th ultimo enclosing a letter from Mr Gordon * returned herewith respecting Mr Dell’s charge for carting Mr Gordon’s baggage from Hobart Town to Launceston I have the honor to enclose the statement of Mr Dell in support of his demand and who assures me that if….

P45

Forty three

Mr Gordon

Mr Gordon had not compelled his man to bring his baggage to Launceston the cartage of the Goods he had agreed to take would have amounted to ten pounds and upwards and that he is willing to reduce his charge.

I have…

PA Mulgrave Esq

Cf P Magistrate

POL 1^st March 1830

Sir

I have he honor to enclose herewith Examinations taken against George Proctor charged with Bullock stealing who with the advice of another Magistrate has been admitted to bail.

I have…

Algernon Montagu Esq

POL 1^st March 1830

Sir

I have the honor to enclose herewith nominal list of Persons employed in the Police Department in the District of Launceston during the month of February last as required by your Circular of the 16^th ultimo.

I have…

PA Mulgrave Esq

P46

Forty four

POL 1^st March 1830

Sir

I have the Honor to enclose herewith abstracts and acquittances of pay for twenty eight persons employed as Constables in the Police District of Launceston from the 1^st to 28^th of February 1828

I have

PA Mulgrave Esq

POL 1^st March 1830

Sir,

I have the honor to request you will have the goodness to furnish me by return of Post with a full description of James Marriott no 394 per Morley a person answering the Description of Marriott as given in the Gazette being now in custody charged with being a Runaway, but who asserts his name is Thomas Wright and that he came free per Cumberland.

I have….

JW Moore Esquire JP

Muster Master

P47

Forty five

POL 8^th March 1830

Sir,

With reference to you letter of the 18^th ultimo stating that Joseph Bass per Woodford may be transferred from the Strength of the Constabulary at George Town to Launceston and that it is not necessary such transfer should be notified in the Gazette I beg leave to request your attention to the annex copy of part of a letter from the muster master respecting Bass’s pay and as Bass has been included in the Commutation Lists for Launceston up to the 31^st December last which being my signatures and he has also been returned by me in the nominal list of Constables at Launceston were he has been actually serving since his appointment to the constabulary I cannot with propriety sign the abstracts for his pay as a Constable at George Town which it appears from the terms? Of Mr Moore’s letter I must continue to do every month so long as he may be employed as a Constable and his appointment in the Gazette remains unaltered, I therefore trust you will see the necessity of causing Bass to be gazetted as a Constable at Launceston from the date of his appointment * or direct some other communication to be made upon the subject to authorize the auditor of accounts to pass the required abstracts that Bass may receive his daily pay…

P48

Forty six

From the 1^st of January and also the salary due to him from the 16^th Decr 1829 (the date of his appointment) to the 31^st of this month – neither of which he has been able to obtain in consequence of his having been gazetted as a Constable at George Town instead of Launceston

I have the honor to be…

PA Mulgrave Esq

Cf P Magistrate

POL 8^th March 1830

Sir,

I have the honor to transmit copy of the application of Margaret Killjoy? For her Certificate of Freedom on the Reverse together with the annexed description of her person, and should the applicant’s term of transportation be expired, I request you will be pleased to ford her Certificate of Freedom to this Office for Delivery.

I have…

The Principal Superintendent of Convicts

Sydney

P49

Forty seven

Police Office Launceston

8^th March 1830

Sir

With reference to your letter of the 11^th December 1829 respecting the removal of John McCale to Sydney and stating that His Excellency the Lieutenant Governor had been pleased to direct it would be desirable that he be placed under the charge of the Master of the Vessel I have the honor to inform you that I have applied to the Commanders of two vessels which have left this port for Sydney since the receipt of your letter and also to the Master of the Surry? Now loading for Sydney, to take McCale thither to Sydney and they have all refused to do so unless an officer is sent with him and both their passé money paid McCabe consequently continues in the Gaol at Launceston I there fore request to be further instructed what steps are to be taken to convey him to Sydney.

PA Mulgrave Esq

P50

Forty eight
POL 8^th March 1830

Sir

I have the honor to enclose herewith abstract of General Salary due to Constable Joseph Bass up to the 31^st December 1829 which was omitted in the abstracts for that quarter also abstracts of daily pay due to the said Joseph Bass and Henry Muirhead up to the 31^st January 1830 which were also omitted in the monthly abstracts for likewise monthly abstracts of pay due to the whole of the petty constables and field police at Launceston from the 1^st to the 28^th of February 1830 and I request you will be pleased to cause these abstracts to be copied upon the requisite printed forms and forwarded in due course.

I have the honor…..

[purple pencil X]

PA Mulgrave

1st Bass from the 13^th to 31^st Decr £10 8..9..

2^nd Bass from 1^st to 31^st Jany @ 2/ per diem

Muirhead from 13^th to 31st Jany @ 2/ per diem £5…0.00

3^rd 29 men from 1^st to 28 Feby 79..16..0

P51

Forty nine

POL 8^th March 1830

Sir

I have the Honor to annex list of Books and stationery required at this office as it may be some time an opportunity may offer of sending the whole of the articles to Launceston I request that a few forms of summonses, licences for Dogs, Slaughtering cattle and per mils?/milk?/nils? Be sent by return of Post.

I have…

P Mulgrave Esq

List of Books and stationary required at the Police Office Launceston on the 18^th March 1830

One large book as Register of male convicts

The do do as a Register of female do

One large book for registering offences

Four smaller for registering of licences of dogs, slaughtering cattle, and other purposes.

1000 best quills – the last? Quills supplied the office were so inferior as to be almost useless

2 reams best foolscap paper one ream of post Do

½ ream blotting paper ½ ream large paper for covers of letters

1000 printed forms of permits for removals of windspins??

300 printed forms of Summary for Principal

500 printed forms of Do for witnesses

200 printed form of warrants in apprehended * 200 punishment warrants

2000 printed forms of passes for convicts sorted

from Jakslaw??

3 dozen black lead pencils

two rulers

three bottle of Indian rubbers

one dozen black and red in powders

two wafer stamps

P52

Fifty

POL 15^th March 1830

Sir

I have the honor to enclose herewith the statements of Mr RK Ayton as requested in your letter of the 5^th inst.

I have..

Charles Arthur Esquire

POL 15^th March 1830

Sir

I have the honor to enclose herewith in triplicate salary abstracts and supplementary Salary abstracts of pay for persons in the Police Department at Launceston for the quarter ending the 31^st instant you will perceive that William Brea is as written in the abstract from your office should have been Thomas Brennan I should have furnished these abstracts upon print forms but as those received from your office have all got damaged none could be procured in Launceston I have been obliged to cause them to be written.

I was not aware that it was absolutely necessary for me to furnish the salary abstracts in triplicate as those for last quarter were signed by the chief police Magistrate and not by me but made out from a less? Furnished form ? this office

JH Moore Esq

P53

Fifty one

POL 22^nd March 1830

Sir,

I have the honor to enclose herewith examinations taken against John Gunning a convict charged with felony.

I have the honor…

The attorney general

POL 18^th March 1830

Madam,

From a communication received by last post from the Attorney General respecting a prisoner named Davis charged with stealing a pair of Ear Rings the property of Mr Allan I am under the painful necessity of requesting Miss M Alan to give further evidence in the case and shall feel obliged by her attendance at this office during the forenoon of tomorrow or the day after as may be most convenient.

I am aware that Mr Allan is from home otherwise this Letter would (as a matter of course) been addressed to him.

I have the honor to be

Madam

Your obliging…

Mrs Allan

Tamar

P54

Fifty two

Police office Launceston

22^nd March 1830

Sir

I have the honor to enclose herewith in duplicate Requisitions for Books and Stationery required at this office and as you will perceive that I am deficient of most of the articles I trust they will be forwarded at an early convenience.

I have the honor…

PA Mulgrave Esquire

Cf P Magistrate

POL 22^nd March 1830

Sir

With reference to your letter of the 12^th instant respecting the case against John Davis I have the honor to enclose herewith the further information of Miss Allan and to inform you

[??]

P55

Fifty three

POL 22^nd March 1830

Sir

With reference to your circular of the 9^th instant requesting my opinion as to that fees ought to be paid for the various services performed by Clerks and Constables in Cases of breach of the peace misdemeanours or infurtherance of any other Magisterial duties (accompanied by a list of fees now taken at the Police Office in Hobart Town) I have the honor to submit the annual schedule of fees which I consider fair and reasonable.

I disapprove of any fee whatsoever being charged in cases of felony and have therefore omitted the fee of 6/8 for a warrant for felony.

As the payment of the fees arising from complaints of Breach of the Peace are in most cases the chief and in some the sole punishment of the offence I think they ought not to be reduced.

The information and complaint ought most certainly to be charged, as well as one shilling for every folio of 72? Works in proceedings for it sometimes happen that illicit venders of spirits or other offenders will cause much trouble and writing for examining a hot of witnesses which are generally at hand to endeavour to quash an information that has been founded on truth.

I also conceive that a formal conviction

P56

Fifty four

Ought in cases of illicit grog selling harbouring runaway convicts &c to be drawn up and pled in the office for which a fee should be allowed, and that warrants of Districts as well as those for the apprehension and committing to Gaol offenders who refuse to pay a fine levied by virtue of an act in Council should be charged for although the act “to regulate summary proceedings before Justices of the Peace” empowers the Magistrates to assess reasonable casts in such cases, yet many of the Justices may be scrupulous of allowing any item which does not appear in the scale of fees, and the clerk would be enabled to furnish a Bik? Of particulars to the Magistrates, the Plaintiffs, or Defendant if required.

In cases where Constables or other persons lodge information and sue for a pecuniary fine the fee I conceive should be paid by the Plaintiff if he fails to prove his information, and such a measure would tend to prevent very frivolous complaints and would also check bribery in case of a more flagrant nature and induce the Plaintiff to exert himself in proving sufficient evidence to prove the charge.

Should the fees at present received

P57

Fifty five

By the Chief District Constable at Launceston be collected and paid over to the Colonial Government he would require considerable additional salary if on the other hand he should be allowed to continue to receive fee I am of opinion tat ought not to undergo any alteration.

I have….

POL 22 March 1830

Sir

With reference to your Circular of the 17^th ultimo stating that His Excellency the Lieutenant Governor had been pleased to determine that it will be necessary to advance to the Police magistrates every month to the pay of the Constables in the respective Districts to enable them to pay them weekly I have the honor to inform you that all the constables in this District are now in arrear of seven weeks pay and as I conceive much evil may arise from keeping such men our of their pay I trust that some steps will soon be taken to pay them regularly every week for it is obvious that many of them have no means of supporting themselves and are obliged to solicit credit from the Dealers and there are reason to believe that some of them are in the habit of borrowing money at immense interests and that others when they receive

P58

Fifty six

Two or three months pay at a time are very likely to resort to public and gambling houses abuses which would be checked by paying them every week for it cannot be supposed that men of their class when receiving three months pay at time amounting to nine or ten pounds can resist the temptation held out at Launceston to drinking and other disorderly habits to which convicts are so universally prone. I therefore trust you will perceive the expediency of directing such means to be adopted as may enable the constables in this District to be paid weekly as directed by his Excellency the Lieutenant Governor

PA Mulgrave Esq

Cf P Magistrate

PO Launceston 22 March 1830

Sir,

I have the honor to enclose herewith he further information of Mr Thomas Landale respecting the cause of the death of Mary Sweeney as requested in your letter of the 12^th instant.

I have the honor…

Algernon Montagu Esq

His Majesty’s Attorney General

P59

Fifty seven

Police Office Launceston 22^nd Jan 1830

I have the honor to enclose herewith a warrant for the apprehension of John McCabe together with a certificate of Freedom found upon his person when he was apprehended by Andrew Rhind in Novr last.

McCabe will leave this for Hobart Town tomorrow morning with two other prisoners under an escort of three constables who will forward them to the next Police station from whence they will be conveyed on the road to Hobart Town.

I have…

PA Mulgrave

Chief Police Magistrate

P:O:L 22^nd March 1830

I have the honor to return enclosed herewith the petition of Henry Stephens and beg leave to observe that is appears by a letter of the 19^th ultimo that my Certificate on the reverse of Stephen’s petition must have escaped your notice.

I have…

To RH Woods Esq JP

P60

Fifty eight

POL 29^th March 1830

Sir

In reply to your letter of the 22^nd inst requesting the particulars in the case of William Lawrence now in Launceston Gaol to be forwarded to your office, I have the honor to inform you that no person of that name has been sentenced at this office to be removed to a penal settlement and that I know nothing of his case.

I have…

Dudley Fereday Esq

Sheriff

POL 29^th oct 1830

Sie

In obedience to your instructions of the 12^th instant of the case named in the margin Rex v John Davis I have the honor to enclose herewith the further examinations of Miss Allan together with those of Samuel Harvey? Brown and both Mr Charlton and Mr Munro upon being questioned appear to be unable to give any evidence in the case. Those examinations would have been forwarded to you sooner but Brown who had been ordered by my clerk to attend the office on the morning of the 19^th the day I was expected to return from George Town where I had been called to hold an inquest…

P61

Fifty nine

Did not make his appearance before last Saturday neither could he be found in the meantime by any of the Constables.

I have the honor

Algernon Montagu esq

POL 29^th March 1830

Sir

With reference to your letter of the 26 March 1830 stating that the monthly abstracts from Jan to Feby were duly forwarded to the proper authorities and that? Your signature is withheld from the quarterly salary abstracts on occasion of Thomas Brennan being inserted therein I have the honor to inform you that the abstracts for Feby have not yet been forwarded to Launceston for payment and consequently the constable who ????? have now two months pays due to them and that Henry Muirhead and Joseph Bass have not received any pay since their appointment why Bass should have been gazetted as a constable at George Town I know not as the mistake ought to have been long ago rectified that they man might have received his pay with respect to Thomas Brennan he was appointed/? By a letter from Col? Sec? Office

[end?]

P62

Sixty

Police Office 27 March

Sir

In reference to your letter of the 22 inst wherein you state that you are under the necessity of again calling my attention to the case of William Laurence under sentence? To a Penal Settlement – and ???? “you will furnish me by return of post all that is required in the case above alluded to” –

I beg leave to inform you that Committing Magistrate [end?]

I have the honor to be

Dudley Fereday Esq

[from end? Above?]

On the 12^th feby? To be employed as a clerk in the office a consequence of an application I had made through the Chief Police Magistrate and as two other Prisoner Clerks receive 1/- per day for teir services I conceived Brennan was entitled to the same and if it required to be gazetted it surely ought to have been done so soon as he was placed in the office.

on the 8^th instant I forwarded to the Chief Police Magistrate abstracts of Quarter Pays due to Joseph Bass from the 13^th to the 31^st Dec and abstracts of ???Months? pay from

p63

Sixty one

?? ?? 1^st to 31^st Jany and also abstracts of monthly pay due to Henry Muirhead from the 13^th to 31^st Decr neither of which have yet been forwarded for payments and the men are actually in distress in consequence of the delay.

I have forwarded ?? ??? ???? ????? ?????? the abstracts of pay due to the constables for the ???? of March In? the Chief Police Magistrate to whom it appears they are ????? to be ????? and ???? steps will be immediately taken to secure regular weekly payments of mines due to the constables employed in? this District as directed by His Excellency the Lieut. Gov.

JW Moore Esq

Muster Master

Wrote to Mr Moore for a few? Licences for Dogs as required by the acts in ???????

POL 29^th March 1830

Sir

His Excellency the Lieutenant Governor may be pleased to place Thomas Brennan as a Clerk in the? Office in consequence of Application I have made through the cf P Magistrate and Brennan has been employed since the 16^th Feby? I conceived he was to receive the pay of one shilling per diem allowed

p64

Sixty two

To the other prisoner clerks at? This? Office and already inserted his name into quarterly salary abstracts to which the muster master has withheld his signature in consequence may I therefore request to be informed whether His Excellency is pleased to allow Thomas Brennan to receive the same salary as the other Prisoner Clerks employed in this office and if so that some specific authority may be given for ????? I have order that the salary abstracts may require two required signatures.

I have the honor

The Honorable

John Burnett Esq

POL 5^th April 1830

Sir

I have the honor to enclose herewith Returns of person employed in this Department unto? 31^st ultimo shewing where they are respectively stationed.

I have…

PA Mulgrave Esq

p65

Sixty three

5 April 1830

Sir

In reply to your letter of the 1^st instant respecting a complaint made by the sheriff that the orders relative? To the ???????ion of the informations to that Officer respecting men under sentence to a formal settlement are frequently neglected.

I have the honor to state only one instance has yet occurred since my succession? to the office of Police Magistrate when a prisoner was sentenced to a Penal Settlement and on that occasion the notice? Was forwarded by the ensuing? post to the Sheriff.

I beg leave to add an uncorrection that strong? Letter was addressed to me lately by that Officer respecting William Laurence when He ought more properly to have directed himself to the Police Magistrate of Norfolk Plains, he being the Committing Magistrate.

I have…

The Honorable John Burnett Esq.

P66

Sixty four

POL 7 April 1830

Sir

With reference to your letter of the 2^nd instant respecting four convicts supposed to have absconded from Macquarie Harbour I have the honor to annex their names and description together with that of William Throssell who was apprehended here a few days ago.

As it would be quite impossible for me to complete the case against those men at Launceston I have directed them to be forwarded to your office under an escort consisting of two soldiers and three constables who are to be relieved at Campbell Town as the prisoners conveyed from thence under the direction of the Police Magistrate there – I conceived it proper to furnish you with a Description of the prisoners as it is possible some of them say effect their escape on the Road.

I have &

PA Mulgrave Esq.

P67

Sixty five

Police Office Launceston 12^th April 1830

Sir

I have the honor to annex the examination of Josiah Hickings the conduct of Constable George Moffatt who appears to have been guilty of a dereliction of duty and quite unfit to be entrusted with the care of prisoners.

Moffatt arrived here on Friday morning he had been induced to take the handcuffs off Hickings at Mr Gibsons barn and there he had effected his escape during the night

I have …

PA Mulgrave Esq

Cf Police Magistrate

POL 12^th April 1830

Sir

I have the honor to request you will be pleased to furnish me by return of Post with a few printed summonses of each sort. I made a formal Requisition for summons ???? t??? forms about a fortnight ago and r Moore had promised P???s of a month ago to send me some summonds by the post which has not yet been received.

J Spode Esq

P68

Sixty six

POL 10^th April 1830

Sir

I have the honor to inform you that the person named in the margin was convicted on Saturday last before a Bench of Magistrates at this office of Neglect of Duty in taking two prisoners under his charge to a Public House getting drunk and escaping from the Watch House our sentence to be dismissed from his office of Constable and forwarded to work twelve month in irons on the Streets of Launceston.

I have..

ML Smith

Norfolk Plains

12 April 1830

Sir

I beg to acknowledge the receipt of your letter of the 8^th inst.

I have previously been addressed on two occasions in/on the lulyict? Aluded to in your letter. When those applications ought to have been made to the Committing Magistrate no instance having…

P69

Sixty seven

Yet occurred of my having convicted any offender to a Penal Settlement in the case? William Lawrence the prisoner mentioned in your former letter the man was convicted by the Police Magistrate at Norfolk Plains. In reply to your letter of the 8^th inst.? I beg to observe that no Prisoner has on any occasion been committed to jail by me unaccompanied with a formal and legal warrant and I have further to observe that unless your correspondence with me is conducted with a little more courtesy, I shall be under the necessity of submitting your letter to the perusal of His Excellency the Lieutenant Governnor

I have the Honor

POL

Forwarded to A.C.G.L. return of office furniture and stores.

Forwarded to the Colonial Secretary the memorial of Timothy Quin James Houghton for a vendor licence the

P70

Sixty eight

Memorial of John Dunlop the letter? Of Richard Jordan to the Colonial Sec.

POL 19^th April 1830

Sir

I have the honor to enclose herewith Duplicate returns of fees received by persons employed in this Police Depertment at Launceston and authorized to be appropriated as p??r of the Enoluents? Of Office during the quarter ending the 31^st march 1830.

GW Boyes Esq

Auditor of Accounts

See acct Book (in red pen)

POL 19^th April 1830

Sir

I have the honor to enclose herewith Return of Fees received at the Office for Tickets of Leave free and conditional pardons from the last? November to the 31^st March 1830 together with a Draft upon to Derwent? Book for the amount (£3.13.60

I have…

The Honorable

John Burnett Esq

X see account Book (in red)

P71

Sixty nine

POL 19^th April 1830

Sir

I have the honor to enclose herewith the Ticket of Leave of the Persons named in the margin who have become free, the two first have never been issued from this office consequently no fee has been received for them, I also enclose the Ticket of Leave of Thomas Johnson nr [blank] who has been deprived of it by command of His Excellency the Lieutenant Governor.

I have

To?

The Honorable

John Burnett Esq

POL 19^th April 1830

Sir

I have the honor to inform you the Field Police Constable William Hardister? (326) who has recently obtained a Ticket of Leave has requested to resign, should his request be complied with, I beg leave to recommend John Thomson (free) formerly a Private in the veterans corps as a fit person to be employed in the Police in Hardisty’s? stead.

I have the honor to be

PA Mulgrave Esq

P72

Seventy

POL 19^th April 1830

Sir

I have the honor to enclose herewith in duplicate unfixed contingents? Abstracts for the quarter ending the 31^st March 1830 and I beg leave to inform you that several of the Constables have complained of the non payment of Rewards due to them for apprehension of runaway convicts nearly twelve months ago.

I have

P Mulgrave Esq

X see account Book

POL 19^th March [should be April?] 1830

Sir

I have the honor to enclose herewith (In duplicate) attested account of fines and fees received by me as Police Magistrate during the quarter ending the 31^st March 1830

I have…

GW Boyes esq

X see account Book

POL 19^th April 1830

Sir

With reference to the letter of Mr Theodore Bartley returned herewith. I have the honor to state that James Jones was accidentally drowned on the night of the 14^th Feby last and that his place has been supplied??? by one of the Police constables – as Jones was exclusively employed under the orders of

P73

Seventy one

The Comptroller of Customs I supposed this gentleman would have reported his death immediately and that another person would have been appointed in his stead. I regret that I know of no prisoner in the public works here sufficiently qualified and trustworthy to be appointed a Constable upon the Wharf in lieu of the deceased as the situation appears to me to require a sober active and intelligent person

I have…

Colonial Secretary

POL 20^th April 1830

Sir

With reference to your letter of the 16^th instant requesting further particulars relative to the misconduct of Special Constable George Moffatt I have the honor the enclose the Examination of William Allgood from which it appears that Moffatt had not only neglected to secure his prisoners at night but held out an inducement to them to abscond for Hicking after his statement had been taken add that Moffatt had told the prisoners if they runaway again and came to Hobart Town to give themselves up and he would give them money for so doing – Moffatt stated he had been induced to take the Handcuffs off Hicking

P74

Seventy two

At Gibson’s Barn in consequence of his wrist being much swelled which appears to have been a willful falsehood

I have..

PA Mulgrave Esq

POL 26^th Apri 1830

Sir

I have the Honor to enclose herewith informations against Thomas Massey for an assault.

I have the honor to

A Montagu Esq

HM Attorney Genl

POL 26^th April 1830

Sir

I have the honor to enclose herewith nominal return of Persons employed in the Police of Launceston during the present month as required by your circular of the 26^th Feby 1830.

I have

Cf P Magistrate

P75

Seventy three

POL 26^th April 1830

Sir

I have the honor to enclose herewith a abstract of pays due to the Field Police Petty Constables from the 1^st to the 30^th instant

Cf P Magistrate

X see acct book

POL 26^th April 1830

Sir I have the honor to enclose herewith in triplicate abstracts of pays due to the field Police and Petty Constables from the 1^st to the 31^st May ensuing as required by your circular of the 26^th Feby intant.

Cf P Magistrate

X see acct book

POL 26^th April 1830

Sir

I have the honor to request Angus Kennedy No 55 per Lord Melville may be appointed a constable to be stationed at the Wharf at Launceston vice james Jones Deceased.

I have…

Cf P Magistrate.

Not sent

POL 26^th April 1830

Sir

I have the honor to request that John McDonald Per ASIA an assigned servant to Roderick Mc Donald may be appointed to the Field Police attached to the District he having been…

P76

Seventy four

Been strongly recommended for the service by his master Mr Welsh the Chief District Constable.

I have…

Cf P Magistrate

POL 3^rd May 1830

Sir

With reference to your memorandum of the 27^th ultimo pointing out an omission in the Return of application for certificates of Freedom and Tickets of Leave I have the honor to inform you that James Cavanagh per Minerva intends residing with his brother John Cavanagh who rents a farm of W Scot/Leake? At the Cocked Hat Hill

The Honorable

James Burnett Esq

POL 3^rd May 1830

I have the honor to enclose herewith supplementary abstracts of pays due to the constables in this District for two months of April and May 1830

I have the…

PA Mulgrave esq

P77

Seventy five

POL 10^th Mary 1830

Sir

I have the honor to request you will have the goodness to forward by the next post or an early convenience a few/ream? Of each of the forms mentioned in the margin. I have made a formal Requisition of these Forms with other which may yet be some time before they can be sent? Road by? Water.

I have

J Spode Esq

[margin] permits passes sorted summonses warrants to apprehend

POL 17^th My 1830

Sir

I have the honor to enclose herewith informations taken at this office against Richard Lowe and Henry Thomson charged with felony.

I have…

Algernon Montagu Esq

Not to be sent the attorney general expected in Launceston on the 19^th instant.

POL 17^th May 1830

Sir

I have the honor to enclose herewith informations taken against Thomas Rores/Raves/Roses? Charged with Felony.

I have….

A Montagu esq.

Memo: Not to be sent the attorney general expected in Launceston on the 19^th instant.

P78

Seventy six

POL 17^th May 1830

Sir

I have the honor toe enclose herewith the informations taken against Patrick Welsh charged with Felony.

I have..

A Montagu Esq

Memo: Not to be sent the attorney general expected in Launceston on the 19^th instant.

POL 17^th May 1830

Sir

With reference to your letter of the 14^th instant respecting the Rewards for the apprehension of Thomas Raves 443 I have the honor to inform you that Raves was fully committed at this office on the 14^th instant for a Robbery committed by him in company with the Bushrangers Bevan and Britton.

I have…

Isiah Spode JP

Muster Master

POL 24^th May 1830

Sir

I have the honor to annex List of Applicants at the office for Certificates of Freedom and Tickets of Leave whose Description have been regularly forwarded but the required Documents have not yet been received at this office.

RH Woods Esqr

PL of Convicts

I have….

See acct book folio 10

P79

Seventy seven

Police Office Launceston 24^th May 1830

Sir

I have the honor to enclose herewith Lists of Runaway convicts who have been brought to this office for the apprehension of whom no rewards have been paid and I should fee obliged if you would be pleased to cause the Rewards of those who appear to be due to be put into a train for payment.

I have…

Josiah Spode JP

(see account book folio 12)

[margin]: two lists one for quarter ending 30^th Sept 1829 the other for decr 1829.

X [purple pencil]

I have the honor to enclose herewith the statement of John Rosevear respecting the capture of two native Boys who were brought to this Town in a Whale Boat belonging to Mr Thomas last night. One of the Boys appears to be about fifteen years of age and the other twelve they have been supplied each with a suit of woollen slop clothing by Mr Rosevear neither of them can speak a word of English John Rosevears states that his Father is desirous of keeping the youngest boy they are at….

P80

Seventy eight

Present confined in the prison Barracks here until His Excellency’s pleasure shall be known.

X [purple pencil]

POL 24^th May 1830

Sir

I have the honor to enclose herewith the statement of Arthur Maynes and John Rosevear touching the apprehension of some black native people who are now in the prisoners Barracks in Launceston.

You will perceive when Maynes made his statement at this office the women and Boy therein mentioned were at George Town on their arrival here on the following day they were recognized as part of the five women who were sent here from Hobart Town in April last and who were subsequently set at liberty by Mr Batman, these women complain that Maynes and his companion destroyed their dogs and took away their passes, pipes and tobacco, as Maynes left Launceston for Hobart Town on the day he gave his statement I have not been able to question him further respecting the matter, he however I believe intends to call upon the Aboriginal Committee

P81

Seventy nine

With the view of receiving the supposed rewards for the apprehension of the women and child.

Mr Rosevear states his father requests he may be permitted to keep the youngest of the two youths.

I have…

The Honorable

John Burnett Esq

POL 24^th May 1830

Sir

I have the honor to enclose herewith a packet of informations and other papers necessary to the prosecution of several persons committed by James Gordon Esquire which I received by this day past from that Gentleman.

I have…

P82

Eighty

POL 24^th May 1830

Sir

I have the honor to enclose herewith in triplicate supplementary salary abstracts of pay for the constable from the 1^st to the 31^st June next and I beg leave to observe that al the petty and field police constables in the District have now eight weeks pay due to them.

I have

PA Mulgrave Esq

POL

Sir

I have the honor to return enclosed herewith informaitons against Thomas Raves? Charged with felony.

I have the honor to be

A Montagu Esquire

His Majestys Attorney General

P83

POL 26^th May 1830

Sir

I have the honor to enclose herewith extracts from the Records of this Office in the case of Rex v John Gilshein together with a Recognizance for his appearance before the Court to answer the charge

I have…

POL 27^th May 1830

Sir

I have the honor to enclose herewith informations taken by Mr Gordon in the case of Rex versus Thomas Templeton together with the examinations of Richard White and Sarah Clayton touching the case which have been taken by me I the Jail this morning.

I have the honor…

27^th May 1830

Sent the Attorney General the further information of William Barnes in the case of Rex v Laughlin White and others

P84

POL 27^th May 1830

Sir

I have the honor to return enclosed here with information in the case of Rex versus John Morton and others together with the further information of Mr Robert Pringle Stuart touching the matter.

I have…

Attorney General

POL 28^th May 1830

Sir

I have the honor to return enclosed herewith information in the case of Rex v Cantwell and another with the further information of James Burton touching the case.

I have

Algernon Montagu Esquire

POL 28^th may 1830

Sir

I have the honor to enclose herewith the further information of Robert Thomas in the case of Rex versus Laughlin White and others

I have…

Attorney General

P85

POL 31^st May 1830

Sir

I have the honor to annex copy of a letter received last week from the Colonial Secretary and to enclose herewith a duplicate copy of the Returns therein referred to which upon reference to your letter Book I have no doubt you will find were regularly forwarded to Mr Boyes, Thomas thought it advisable to furnish you with the Returns incase the former ones should have miscarried or have been mislaid in Mr Boye’s Office.

I have…

PA Mulgrave Esq.

POL 31^st July 1830

Sir

I have the honor to enclose herewith nominal List of Persons employed in the Police at Launceston during the months of May 1830

I have…

PA Mulgrave Esq

cf P Magistrate

POL 31^st may 1830

Sir

I have the honor to request you will be pleased to inform me if Thomas Lake per Mary who has been employed as a clerk in this office since the 3d instant in to receive any pay and if so what sum

P86

I have taken the liberty to annex the names of the prisoner clerks employed in this office with the rate of pay they receive opposite their respective names

Cf P Magistrate

POL 31^st may 1830

Sir

I have the honor to enclose the information of Mr Archibald Thomson in the case of Re v Rose/Rave? Together with copy of the lists of articles stolen from his house and I regret to add that the list mentioned in Mr Thomsons examination has been mislaid.

I have…

Attorney General

Information returned to the Attorney general in the case of Rex versus Proctor

P86 continued

To Mr Bateman

POL 30^th May 1830

Sir

I request to be informed as whether you have obtained any further information respecting the outrages said where being committed towards the native women at Piper’s River and whether every possible exertion has been used to discover the body of the women said to have been murdered. In order that I may be enabled to enquire fully into the matter; and report the result for the Information of His Excellency the Lieutenant Governor.

I have the honor

William Lyttleton

P87

PO Launceston 7^th June 1830

Sir

I have the honor to annex a personal description of John Evans no 13 as requested in your letter of the 28^th ultimo.

I have…

Josiah Spode JP

Muster Master

POL 7^th June 1830

Sir

His Excellency the Lieutenant Governor may be pleased at the commencement of the present year? To order that two shillings per diem be paid to all Field Police and Field Constables and that one month’s pay should be paid in advance to the Police Magistrates in order that the constables may receive their wages weekly. I have the honor to inform you that all the constables in this District were made acquainted with His Excellency’s Pleasure on that Head, and that consider able murmur and dissatisfaction has been expressed amongst them in consequence of the length of time they have been kept out of their pay at this time the Field Police and Petty Constables in this District have ten week pay due to them and I am are that many of them experience much inconvenience as well as loss in being obliged in soliciting credit from the Publicans and other dealers and

P88

Some of them I fear when receive three months pay at a time amounts to eight or nine pounds are apt to spend their proceeds? In drinking and gambling Houses to the injury of their creditors as well as themselves and I feel confident that much good would arise by paying them every week. I understand from W Spode that the vouchers for April may and June have been recd by him from this office and forwarded to the proper authorities but where or by whom detained I know not However I trust His Excellency will deem the matter of sufficient importance to command prompt and future regular attention of those concerned

I have…

J Burnett Esq

POL 7^th June 1830

Sir

I have the honor to enclose returned enclosed herewith informations in the case of Re v Cantwell and another together with the further statements of Thomas Faro.

I have…

Algernon Montagu esq

POL 7^th June

Sir

I have the honor to enclose a statement on ash? Relative to the ten pound note stated to have been delivered to me by my predecessor Mr Gordon.

Mr Welsh the Chief District Constable informs

P89

Me that the trunk in question was received by him from Mr Gordon himself, and that it was accompanied by a list of the contents, which he has shewn me, and in which no mention whatever is made of a Ten pound note, although there was ample room on the paper to have done so.

I have

Algernon Montagu esq

PO L 7^th June 1830

Sir

I have the honor to request you will be pleased to cause Ann Easton per mermaid who is now in the Factory at George Town to appear before you and taken her examination on oath as to what she knows respecting Hannah Yewband? Per mermaid (who was convicted with her) being married or otherwise and forward the same to this office by return of messenger for the Information of His Excellency the Lieutenant Governor.

I have…

John Clark Esquire

Police Magistrate

George Town

P90

POL 14^th June 1830

Sir

In reply to your letter of the 4^th instant requesting to be informed by what authority Thomas Lake 505 was appointed a clerk in this office. I have the honor to inform you that he arrived here on the 3^rd of May with a pass from your office and a memo? From Mr Gunns stating that he was to be employed as a clerk in this office.

I have…

PA Mulgrave

Cf P Magistrate

POL 14^th June 1830

Sir

I have the Honor to request you will be pleased to forward to this office by return of messenger a few printed? Forms of salary abstract.

I have…

Josiah Spode Esquire

POL 14^th June 1830

Sir

With reference to your circular of the 2^nd instant respecting Bonds entered into by persons leasing Crown Lands I have the honor to inform you that no such Bond or Bonds are in this office there are however seeral blank private forms of Bonds for that Purpose.

I have…

JH Moore Esq JP

Collect ??? internal revenue

P91

POL 14^th June 1830

Sir

I have the honor to inform you Thomas Brennan a Clerk employed in this office has complained to me that Mr Sinclair has refused to enter his name in his lists for pay due to Prisoner Clerks in lieu of slop clothing I should therefore feel obliged if you would ascertain if it is His Excellencies Pleasure that Brennan should receive pay in lieu of slops the same as all the other Prisoner Clerks in this office and if so to cause the necessary instruction to be given to W Sinclair.

I have…

PA Mulgrave Esq

Cf PM

POL 21st June 1830

Sir

I have the honor to enclose herewith a list of persons employed in the Police at Launceston entitled to salary for the quarter ending the 30^th instant.

I have the honor to be.

Josiah Spode Esquire JP

P92

POL 21^st June 1830

Sir

I have the honor to acknowledge the receipt of your letter of the 10^th instant together with a list of stationery for the use of this office and beg leave to inform you that on unpacking the case only five hundred quills instead of six hundred, and one ream of post papers instead of two reams have been received, that the Book marked Letter Book is of very inferior paper which is mildewed from one end to the other, that the two colonial made books are of bad paper unwieldy and (in my opinion) unfit for Registers, and that the two Reams of Foolscap paper which are labeled “superfine foolscap” is of very inferior quality I therefore conclude the Government had been imposed? Upon by the furnishers of those stores.

I have…

PA Mulgrave Esquire

Cf P Magistrate

POL 21^st June 1830

Sir

I have the honor to request you will be pleased to send to this office some printed forms of permits and of Magisterial duties for weekly return as I am entirely estitute of both.

I have…

Josiah Spode Esq

P93

POL 21^st June 1830

Sir

I have the honor to acknowledge receipt of your letter of the 18^th inst. Respecting the Prisoners named in the margin [ Jno Banks 555] and beg leave to inform you that he has passed himself off as a free man since Nov 1828 in consequence of an order for pass sigd by Mr Sinclair which he gave on the authority of the enclosed documents which you will observe had been sent? Without signatures from your office.

I have…

RH Woods Esq.

POL 21 st June 1830

Sir

I have the honor to request you will be pleased to inform me if a person convicted of Hand???y convicts? Or? Retracting? Sperel???? Legaans? By virtue of the act in council can demand copies of the defamations in case of appeal to the quarter sessions, and whither such copies can be given with or without the consent of the informers.

I have…

Alfred Stephens Esq

???????? General

p94

28^th June 1830

Sir

I beg leave to remind you that on the 14^th instant I wrote to you requesting some printed forms of salary abstracts might be furnished to this office it appears that forms for unfixed contingencies have been sent instead, I have therefore been obliged to forward one of the monthly abstracts for July upon a written form as I can not obtain a printed at any of the offices here and I should feel obliged if you will forward me a few of the required forms by return of messenger

I have….

Josiah Spode Esq.

P95

To: Peter Archer Mulgrave Esquire

Police Magistrate

Hobart Town

21^st Feby 1829

Sir

You will perceive by the gazette do that the sittings of the Court of Requests and Quarter session already advertised to be held at Launceston on the 2^nd and 5^th of March are postponed – the language of the new act of Parliament, which works a repeat of the existing act on the 1^st of March, is the occasion of it, and I perceived that personal risk and danger would attend the Commissioners and Justices if this mode was not adopted – the difficulties I made known to His Excellency, and I have….

P96

Had to request from you, and, through you, from the rest of my brother Magistrates, pardon for stopping the session without previous communication as it was impossible to be had; and in reference to the safety of the Magistrates of Cornwall the result must have been the same – namely a postponement – should any point arise owing to the measure I shall be most happy to have an opportunity of setting it at rest.

I have the honor to be,

Sir,

Your very obedient Humble servant

Joseph Hone?

[margin]

Joseph Hone

21^st February 1829

postponing sittings of the quarter sessions and Court of Request

sini dies

p97

in pencil

Prepare the necessary directions for the P???? Supr to furnish Mr Lucas with another man and to prepare a letter and enclose and forward this communication by today’s post to the Police Magistrate at Launceston. J?B 24 Dec

[William Means footnote [ii] ]

Launceston

12 December 1829

His Excellency

The Lieut Governor

Sir,

I have the honor to address you, relative to one of the men (William Means) who I received in Hobarton to accompany me on the exploring expedition, the conduct of this man had been most notoriously bad during the whole time that I have been in the bush, and I was convinced that it is so deeply engrained within him, that there is not the slightest probability of a change, he has given me much trouble, and seems ?????? to perservere in his determination to render himself as little useful to me as possible, besides I am apprehensive that some serious occurrence will happen before I shall have completed the expedition, if he continues till that time to accompany me: he has already presented his musket at one of the other men, and I have no doubt would have shot him at the moment, had his gun been prepared, but having to take off the case that protects the locks from the leather the weapon was wrested from him just as he was presenting it, he has also mentioned to the other men…

P98

His intention to “make away” with me, if I get him punished for his gross conduct, however such threats as these I would endeavour to guard against but he has expressed to me his determination to render himself as little serviceable? As possible, and his language from morning till evening is much disgusting which he persists in, soley to annoy me, thinking it will induce me to return him to the Public Works, I applied this morning to the Commandant here, to ask his sanition? To have the man changed, which he refused without particular order from Hobarton to that effect – I would have gone on without the man, if I could have done with less than 3 men, but as ??????, I am necessitated to take him again with me. I confidently hope that Your Excellency will be pleased to allow me to have this man changed, and if an order to that effect be forwarded to the authorities at Launceston I have a friend on this side who will recall the man and send him to meet me the next time I penetrate to the southward? Whom I shall gladly send Means in.

When I arrived here my men were wholly

[Left margin]

Should not this man W Means whose conduct seems to have been so atrocious to be punished in some way? If he is simply returned to the Public Works which he desires I will be a sort of reward for this misconduct? R?B 23d Dec.

P99

Destitute of trowsers and shoes, I applied to get them some from HM Stores here, but the Commandant refused my application in consequence of his not having been informed that I was on Public Service; to prevent delay, I purchased these articles for the men and tomorrow I shall proceed to the interior to continue my pursuit.

I have the honor to be

Your Excellency’s

Most obedt and humble servant

T.Lewis

“Memo” Let for Geo Arthur (in pencil)

Inform the Commt at Launceston that I will approve of William Means being exchanged for another man at Launceston and of slops being supplied to the Lewis’s party

23 Decr

EG?

P100

Unfortunately, Mr Lewis has not complained of this man, as he should have done, to the Police Magistrate, and it would be improper to punish him without his being heard in his defence. This letter may be sent to Mr Lyttleton who will as far as he is able to do so enquire into the subject “WM Means” when ?????? ?????? ?????? Public Works was I think in the chain Gang, and, if so, of course, he should be returned to it. The Asst Principal Supt in Launceston must supply Mr Lewis with the best man he can find who is disposable.

23 Decr

EB?

Ad???d 25 lashes and to be returned to the Chain Gang until his nature? Of humfortatic? Impairs? In April next.

15 July W Lyttleton

15 Febryary 1830

Thomas Lewis

WM Means

Decided 16^th/2/30

P101

Sep 1829 [in purple pencil]

The information and complaint of Thomas Stewart of Launceston in Van Diemen’s Land CARPENTER 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 September in the Year of our Lord One Thousand eight hundred and twenty nine which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):

On Friday last the 18^th instant I lost a pair of spectacles my property from my trowser pocket I do not know where I lost them I was tipsey at the time on last Sunday afternoon I saw John Bryant I told him I had lost my spectacles he said he knew where he could get me a pair for seven shillings and six pence I said I have got no money but I will give you this pair of trowsers for the spectacles and I pulled a pair of new corduroy trowsers off my person and gave them to him Bryan was then a little tipsey and he drank some more and kept the trowsers for about an hour, he said it would be time enough tomorrow to get me the spectacles and I was afraid of losing my trowsers and informed district Constable Dell of the circumstance

P102

Bryant did not say the spectacles he could get for seven shillings and six pence were the same I had lost he did not tell me where they were, he was not with me when I lost them.

Rex v John Bryant

Fraud

Dismissed 24 Sept 1829

P103

The information and complaint of John Christie of Perth in Van Diemen’s Land YEOMAN taken upon oath before me, one of his Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, this twenty second day of September in the Year of our Lord One Thousand eight hundred and twenty nine which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):

Yesterday I came into town with a Load of Wheat I arrived in Town about 12 o clock, I delivered the Wheat to Mr Field and then took the cart and Bullocks to W Houghton’s Public House in Brisbane Street, and put them in the yard, and then went in and got my Dinner, I then went out on Business and bought two pairs of Trowsers at W Cameron’s Shop and gave them to John Barrett. I was out a considerable time it was between 8 and 9 o clock when I returned to Houghton’s, Mr Houghton told some of his Servants to take my Cart and Bullocks into the Street which was done. I then went into the Yard and not seeing the cart there I enquired for it, the Prisoner (Oliver Turner) said he would shew me, I went into the Tap Room & a Young Man who I have heard is Mr Houghton’s son gave me the Trowsers I had purchased at Cameron’s, I then went to the Front of the House accompanied by the Prisoner, the Cart & Bullocks were standing in the street, John Barrett was in the Cart he was going home with me, I went up to the Tail of the Cart the Prisoner was with me I put the Trowsers into the cart close by Barrett and went up to the Bullocks to drive them Home as I was turing the leading Bullocks round I heard Barrett call out “Holloa bring them Trowsers back”.

P104

I instantly turnd my head and saw the Prisoner with the Trowsers under his arm running across the street toward Houghton’s Premises, I did not perceive whether he went into the House or thro’ the gate into the Yard I went into the House and enquired of Mr Houghton for his Man he said he did not know where he was, I told him that I had lost two pair of trowsers our of the Cart and that I had seem Turner take them to his Premises. Mr Houghton did not enquire for the man I did not hear him call for any Person. I then went in search of a Constable. Constable Dell went with me we went into the Tap Room at W Houghton’s where the Prisoner was then sitting. I told the Constable that was the man who took the Trowsers he took him in Custody, I have never seem the Trowsers since whiles the constable was in the Tap Room Young Mr Houghton came in and asked if Bail would be taken for the man, it was refused. I asked Houghton if he had seen anything of the Trowsers he said he had not.

John Christie (signed)

Sworn before me

James Gordon (signed)

P105

Rex versus Oliver Turner

Felony

Decided 10^th Oct 1829

P106

The examination of JOHN BARRETT of PERTH 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 24^th Day of September in the Year of Our Lord One thousand eight hundred and twenty nine, in the presence and hearing of OLIVER TURNER

Duly charged before me, upon Oath with

Stealing two pair of corduroy trowsers on the night of the 21^st day of September instant from the cart of John Christie the property of the said John Christie.

Which said Deponent on his Oath aforesaid, deposeth and saith as follows (that is to say):-

On Monday last I came to Launceston with John Christie I had my dinner with Christie at Mr Houghton’s Public House after I had got my dinner I went with Christie to Mr Cameron’s Shop where Christie bought two pair of corduroy trowsers we returned to Mr Houghton’s Christie gave me the Trowsers and I have them to Mr Hoppy’s man whose name is George I do not know his other name. I gave him the trowsers to take care of for me and then I went into the cart to take care of the things which were in the cart, a considerable time after this Christie came to take the cart and things home, Christie and Turner came up to the Cart and drove it out of the yard. Christie…

P107

Went into the House again and shortly after returned and I saw him put the two pair of Trowsers into the cart this man was standing by the Bullocks at the time and Christie took his whip to drive on, when Turner said now you are all right you may drive on, and he came to the back part of the cart and snatched out the Trowsers I saw him, and called to him holloa bring them Trowsers back he run away and went into the Yard of Mr Houghtons Public House I remained in the Cart and Christie went into the House to look for the man, I have not seen the Trowsers since

John X Barrett

his mark

Sworn before me at Launceston

On the day and year above written

James Gordon

P108

Plan of Mr Dry’s House

[6 x shorthand symbols – means ELPHIN??] Farm

4 room? Home – as Rectangle – shown with A, B,C drawn on it

p109 [Richard Dry bio [iii]]

The information on oath of Mr Joseph Archer of Pansanger who deposeth and saith I went to bed about eleven o clock on the night of the ninth instant with Mrs Archer in the House of Mr Richard Dry at Elphin near Launceston the room is under the roof of the dwelling house, and the door of that room opens into a veranda, which leads from the front door of the House to that Room, the verandah is separated from the yard in front of the House by a Railing only, there are two windows in that room, which have outside shutters fastened by Iron Bars outside and Bolts which pass through those Bars into the room, and are generally fastened with Keys put through the ends of the Bolts, when I went into the Room both the sashes were down, and the shutters of Both windows closed to the shutters of the window nearest the

P110

Door were fastened s I have described, I took the key out of the Bolt and shoved the bolt outwards, then opened the sash of the window and pushed one shutter about two inches from the sash for the purpose of administering the light into the room in the morning I then closed down the sash, the door of that room was latched only, the outer handle of the latch being broken off which presented it from being opened on the outside without great difficulty.

I was awoke about half past twelve o clock and suspected there was somebody in the room, I jumped out of Bed and the Room being dark I threw the Door open, but even then could not see distinctly what was in the room, I went towards the right hand corner of the room from the door, and immediately I got to the end of the room, I saw a person pass rapidly to the door and out of it

P111

I followed very close to that person I think within fifteen paces of that person, until it reaches the entrance into the smaller enclosure in front of Mr Dry’s House, but I was nearer to that person when under the verandah, the person proceeded from thence along the New Road I followed that person some distance on the New Road but could not overtake that person, it was starlight and although it was very dark in the room, the saw the outline of the figure of that person and did not lose sight of it until I stopped in the new road and by the starlight I plainly distinguished the height figure and color of the clothes and hair, it appeared to be a tall man, of about the same size and height of William Richards his hair of the same colour, and his jacket of the same colour as that now work by William Richard, he was without a hat when he ran across the room, he made no noise I could

P112

Not hear any footsteps. I returned to the bedroom, the sashes of both windows were down, the window shutters which I had partially opened before I went to bed were quite open and the bolt which I had partly shoved out of the hole through which it passed into the bedroom was entirely our and the curtain of that window was in a different position from that I left it in when I went to bed and appeared as if it had been drawn violently out of its place I lifted up the lower sash of the window and found that it could be put up and down again without making the lease noise. Mr James Cox’s shewed me a pair of laced leather quarter boots and a straw hat that night which he marked in my presence by an X and cutting a hole in the drown of the Hat, this is the Hat now

P113

Produced by District Constable John Dell.

/signed/ Joseph Archer

Sworn before me at Launceston the eleventh day of February 1829 and read to the Deponent in the presence and hearing of William Richard

Sd PA Mulgrave

The information on oath of James Cox Esquire who deposeth and saith I slept at the House of Mr Richard Dry at Elphin last night, about one o clock this morning I was called up and in front of a room occupied by Mr and Mrs Joseph Archer I found this pair of laced quarter Boots and this straw Hat close under a window the shutter of which were open, the sash was closed down

P114

But not fastened, I marked three Boots and that before gave them our of my possession I saw them put nto a storeroom in Mr Dry’s House last night and I saw them there again this morning I am positive these are the same hat and Boots – These are the marks I put upon the Boots and this is the Mark I put upon the Hat

/signed/ James Cox

Sworn before me at Launceston this tenth day of February 1829

signed PA Mulgrave

p115

The information on oath of mr William Lyons who deposeth and saith I am the Brother in law of Mr Richard Dry and assist in superintending his agricultural business William Richards has been assigned servant to Mr Dry about three years and chiefly employed at Belle Vue near eighteen miles from Mr Dry’s chief residence at Elphin about two miles from Launceston; I was at Elphin last Monday night the ninth instant I was alarmed about midnight and was shewn a hat and a pair of Shoes by Mr James Cox, I immediately recognized the hat which I had recently seen William Richards wear at Bell Vue, it was a Broad plaited Straw hat with piece of Black silk or Ribbon round it and part of the Brim broken off I had observed that broken piece several times at Belle Vue this is the Hat and these are the Shoes that were shewn me by Mr Cox on Monday night. I am certain that I have seen William Richards wear that Hat repeatedly, and immediately after Mr Cox had shown it

P116

To me I went on Horse back to the Men’s Hut at Bell Vue where Richards generally lived with others of Mr Dry’s servants. I arrived there about an hour and a half before day light, I required of Charles Roberts who usually slept with Richard where be Richards was, Roberts said that he went to bed with him but did not know what time he got up again or where he was gone, I searched the Hut but could not find Richards or any Hat or shoes that I knew belonged to him, I searched all the places at Belle Vue where any of the men usually slept, but did not find Richards, I watched until abut ten minutes before sunrise and then saw Richards coming in front of the House and about a quarter of a mile from it in the nearest direction from Launceston to the Hut where be usually slept, he sometimes walked and sometimes trotted

P117

As he came towards the House, I met him accompanied by Mr John Simpson about a hundred yards from his Hut he was without Hat or Shoes he did not appear much heated but seemed very much confused when we went up to him Robert Brand was also with me and said to Richards we are here before you, Richards replied what do you mean, I then said to Richards do you recollect being in Mr Dry’s House last night * he made no answer but appeared much confused, his feet and toes on the sides and points appeared white as if he had been walking a distance through grass, I examined his feet particularly but saw no scratches upon them, he then wore a white pair of trowsers a drab woolen jacket and waistcoat a checked shirt and a yellow handkerchief round his neck. I then took Richards to the House and said to him you must have walked very quick to be here at this time of the morning he replied what do you mean I

P118

I said oh you do not recollect being in the house then last night he replied oh never mind they can but hang me, I am not sure if I said in the House or Mr Drys House, I cannot be certain which, Richards could have no business to leave Belle Vue that night, I was there full an hour and a half before he returned, and the day had then broken about twenty minutes. I now that Mr Joseph Archer and his wife slept in an end room in Mr Dry’s House at Elphin on last Monday night, and I also know that some of mr Dry’s grown up daughters frequently slept in that room and I also know that those young ladies have frequently slept in that same room when Richard has been at Elphin, and it is most probable he might have known where they slept. The plan now shewn me is a correct description of the front of Mr Dry’s House at Elphin, the

P119

Front yards is enclosed by paling leaving five gates all which gates are generally closed at night the room marked A is the room in which Mr and Mrs Joseph Archer slept on the night of last Monday. B is a verandah in front of the House, closed in front by a railing and Gate in the Centre which is always shut at night. We were in the House at Belle Vue when we first saw Richards approaching his Hut and concealed from his view until he got within about a hundred yards of the garden paling when as we went towards him he stopped sat down and pretended to be easing himself, but I am sure he did not ease himself before he got up, I do not think he so sat more than two minutes I am not certain if any person told him to get up or not it appeared to me tht he stopped the moment he saw us.

/signed/ Williams Lyos

sworn…

p120

before me at Launceston the thirteenth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

Signed PA Mulgrave

The information on oath of Mr John Simpson who deposeth and saith I am overseer to Mr Richard Dry at Belle Vue, William Richards was Mr Dry’s assigned servant and employed under my order on the ninth instant I saw him reaping in a field about half past five o clock on the evening of that day he wore a straw hat which was broken in the Tim in several places it was a very old hat and had a strip of something Black round it, I know he had two pair of quarter Boots, one pair new and another pair he had worn some time and

P121

I think I should know them again, if I were to see them one of them had a crack in it and one of them had the tie broken his Boots were longer than any other man’s Boots on the farm they were long and rather narrow.

I did not give him leave of absence on Monday, he ought not to have left the farm, without getting a pass from me. The next morning I was in the House at Belle Vue with William Lyons and Robert Brand just before sunrise, when I saw Richards about a quarter of a mile off coming in a direction from Launceston towards his Hut, he sometimes ran and sometimes walked when he was between one and two hundred yards of the garden fence we went out of the House and as we were going round the fence he stopped I supposed because he saw us and he unbuttoned his trowsers and stooped down as if to ease himself, we went up to him I said where have you been all night leaving the farm you

P122

Have been about some bad action, he looked hard at me but said nothing, he seemed frightened William Lyons and Robert Brand spoke to Richards but I did not pay any attention to what passed, Richards was without shoes hat or cap.

This is the hat Richards wore on last Monday week these are Richard’s Boots, I know them by the form and size and the particular way in which they are turned up at the toes it was an older pair that I described in the former part of this information I have not the least doubt in the world tht these are a pair of Richard’s Boots.

/signed/ John Simpson

£100 [in margin]

p123

Sworn before me at Launceston the seventeenth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

/signed/ PA Mulgrave

The information on oath of Charles Roberts an assigned servant to Mr Richard Dry who deposeth and saith I lived at my master’s farm at Belle Vue on Monday the ninth instant, William Richards had slept with me every night for about a month before that night, I went to bed just at dark that night. Richards was not then in bed, I slept until I was awoke the next morning by Mr William Lyons and from the appearance of the Be and Bed clothes I did not that that any one

P124

Had been in bed with me.

I last saw Richards on that ay about sundown, in the Harvest field, I got my supper in the Hut that night with the rest of the men, Richards was not there I must have seen him if he had been there, he wore an old straw hat that day, I do now know if it was broken in the Rim or not, I do not know what Boots or shows he wore on that day, I should not know the Boots he generally wore if I were to see them I do not know if this is his hat or not I do not know if these are his Boots or not.

Signed Charles Roberts

His X mark

Sworn before me at Launceston the seventeenth day of February 1829 and read to the Deponent in the presence and hearing of William Richards

Signed PA Mulgrave

P125

The information on oath of Robert Brand free and overseer to Mr Richard Dry who deposeth and saith I went from Elphin to Belle Vue with Mr William Lyons last Tuesday morning we arrived there about an hour and a half before sunrise, we mustered Mr Dry’s and searched the premises William Richards ome of M Dry’s assigned servants could not be found, a little before sunrise I saw Richards about a quarter of a mile from the House at Belle Vue coming across the grass in the nearest direction from Launceston towards his Hut William Lyons Mr Simpson and I met him near the garden fence, about a hundred yards from his Hut he ran part and walked part of the way, he was without Hat or Shoes, he wore white trowsers a drab woolen jacket and waistcoat a striped shirt

P126

And a yellows handkerchief round his neck, we were in the House when we first saw him in a position where he could not see us, and we remained there until he was about a hundred yards from the Garden Fence and as soon as it was possible he could hear? See no? us, he stopped and unbuttoned his trowsers and sat down as if to ease himself we went up to him, whilst he was in that position and he so sat about two minutes altogether when he got up and buttoned his trowsers no one told him to get up I took particular notice of the place where he sat and I am sure he did not ease himself, I asked him where his hat and Shoes were, he said I do not know, I said to

P127

Him Billy you have made very good haste, I did not expect you here so soon, he replied, I do not know what you are talking about, what do you mean, I do not think he appeared much confused, I did not examine his feet, we took Richards to the House and Mr William Lyons said some thing to him which I do now exactly recollect but I know Richards replied, I do now care anything about it, all they can do is to hang me, Richards did not appear heated, it was a cold morning I thought from his countenance he was a goo deal fatigued, he appeared like a man who had been up all night, I never took any particular notice of his Hat and shoes before that day, we took him to Mr Ashburner’s that forenoon , and on the way I asked Richards if he was not tired walking all night to, he replied no I can walk for eight and forty hours any time I said how come you to take in into your

P128

Head to go to mr Drys, he has always behaved very well to you, he replied it is a damned put up job altogether.

Richards returned from the House at Belle Vue to his Hut, he took a pair of shoes from under his bed, which he said were his, they were quite new and had never been worn, he soaked them in water before he put them on to go to Mr Ashburner’s I am sure those shoes were quite new.

/signed/ Robert Brand

Sworn before me at Launceston the twelfth day of February 1829 and read to the Deponent in the presence and hearing of William Richards.

/signed/ PA Mulgrave.

P129

The information on oath of Mr Henry Hinksman Police Officer who deposeth and saith, on the morning of the tenth instant, I went to the place where the road from Belle Vue joins the main road leading from Norfolk Plains to Launceston I waited there until day break.

I believe I waited there about an hour and then perceived the prints of two naked feet going from Launceston towards the junction of the roads but I did not leave those footsteps along the road leading to Norfolk Plains beyond the junction nor could I trace them along the road leading to Belle Vue from that junction for this latter road was more grassy than the main road, the first print of naked feet was about ten yards from the junction of the road, the prints were wide apart as if made by a tall man running I traced these naked footsteps at intervals unto the top of the Sand Hills and I traced the same prints of naked feet along a bye road leading to Elphin to the top of a Hill, I then proceeded in a direct line for Elphin got over a fence into Mr Sipson’s paddock where

P130

I found the prints of one naked foot, I measured at least twenty of the prints of naked feet between the junction of the roads and Mr Waddle’s paddock, I also measured the print in Mr Waddle’s paddock and that in Mr Cimpson’s paddock they were all of the same length and breadth and must hav been made by a person ging from the direction of Elphin and the prints in Mr Simpson’s paddock was about three hundred yards from Elphin this piece of tape is the exact length of the prints of those naked feet from the extremity of the heel to that of the great toe – it measured exactly eleven inches and I think must have been rather shorter than the feet that made those prints as they were made in soft dry places where the sand had fallen in and this piece of tape is the breadth of the widest past of those prints, it measured exactly three inches and seven eighths, I have measured the naked feet

P131

Of William Richards with those tapes and they are of exactly the same length and breadth as the prints traced.

About a quarter of a mile from the junction of those roads I saw the toe? Point of a footstep made by a shoe by the side of the main road the footstep was leading towards Launceston, I did not measure it but I perceived it was the print of a right shoe. The sole of which was without nails and the Heel had two rows of small nails about half round it and one large nail on the water side of the heel. I saw another footstep about quarter of a mile before I got out of the road heading from Norfolk Plains to Mr Alexander Waddle’s House I measured it, it was a little longer and a little broader than that tape, the footstep was towards Elphin, there were no marks

£100 in margin

P132

Of mails in the sole of the shoe that made that print but the same marks of nails in the Heel as in the first print made by a shoe, there was also the prints of a left shoe near to this as if made by the same step, that shoe did not appear to have any nails in the sole, there were marks of nails in the Heel but they were indistinct, this shoe which I have now marked if of the same length and breadth in the sole and has the same rows of nails in the Heel as the first and second prints of right shoes I have mentioned it has no nails in the sole, it would be called by some persons a laced quarter boot, the past place where I saw the prints which I believe was made by this shoe was about three quarters of a mile from Elphin and in the direct road….

£100 in margin

p133

from Belle Vue to Elphin.

/signed/ H Hinksman

Sworn before me at Launceston the twelfth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

Signed PA Mulgrave

The information on oath of Alexander Cumberbeach a District Constable who deposeth and saith, this straw hat and this pair of laced quarter boots I received from Mr Joseph Archer on the morning of Tuesday the tenth instant

Signed Alexander Cumberbeach

His X mark

Sworn before me at Launceston the twelfth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

P134

The information on oath of Stephen Streatford an assigned servant to Mr Richard Dry who saith, I resided on my master’s farm at Belle Vue on last Monday week the ninth instant William Richards had previously slept in the same Hut with Henry Roberts myself and others of Mr Dry’s men, he had slept in the same bed with Roberts, Richards left work that evening the same time I did about half an hour before sun down, he went towards the Hut where we usually slept, I went to the kitchen with Roberts and others of the men where we got our suppers, Richards did not come there to supper I went to the Hut about eight o clock, Richards was not then in the Hut, I must have seen him if he had been there, I did not see him

P135

Until the next morning when he was brought there by William Lyons.

Charles Roberts James Davis and myself had shoes served? Out to us on the first of last January of the same size as those served out to William Richards, there was only one pair served out to William Richards * I do no know what the shoes he had on that day I know that on last Monday week Richards wore a straw hat which was broken round the rim I have seen him wear that Hat several times, I do not know if there was anything round that hat on that day or not. I was not awake after I went to bed on the Monday evening until I was awoke by William Lyons I do not know that any of Mr Drys men were absent from

P136

The farm on that night we were mustered the next morning and all were present but Richards, he returned about half an hour after we were mustered.

/signed/ Stephen Streatford

Sworn before me at Launceston the twentieth day of February 1829 and read to the deponent in the presence and hearing of William Richards

Sigd PA Mulgrave

P137

Rex

Versus

William Richards

Sent originals to

Attorney general

6^th July 1829

Busnrangers

Wm Richards

J Archer

P138

July 1829 [in blue wax pencil]

Van Diemen’s Land

To Wit

The information and complaint on oath of Mary Barrett the wife of Henry Barrett who saith I live with my Husband at Western arm on the left Bank of the Tamar about Seven Miles from George Town Between three and four o clock on Monday three weeks /the 8^th of June/ I was in my Husband’s House and Joseph White and my Husband were employed in wheeling fruit from the house down to a Bridge near the River to load a Boat in order to proceed to Launceston, when I heard some one scream out I looked out through the window and saw my husband and White running towards the House from the Bridge and at the same time I saw two other men following them they were running about fifteen yards behind my husband and White they were both armed one of them had a double barreled piece this man was about five feet ten inches high the other was a short thick man the tall man pointed the double barreled Gun at my husband and fired it off I caught up a musket and a fowling piece which were standing in the House they were both loaded I ran out with them and as I was running to meet my Husband I heard two other shots fired and I heard a whistling noise…

P139

Like the passing of a ball near my head which knocked off a branch from a wattle tree near which I was passing the two strangers then had both their Guns pointed towards Barrett they were about thirty yards from Barrett at the time they fired and I heard the tall man say you bloody old bugger I will blow your bloody head off I did not hear the other man say a word I gave one Gun to Barrett and the other to White and the two strange men ran back crossed the bridge and went up a Hill towards the left hand, my husband and White pursued them a little way and then stopped near the Bridge, I went down to them and saw the men on the side of the Hill the tall man said old man I am sorry we have fired we did not come to take anything from you we came to bring your rifle and two pounds of the Money and your new clothes which we took away when we robbed you before, at this time I was not more than fifteen yards from the strange men I stood and looked at them several times during that time, I had a plain view of their persons, the tall man appeared young about thirty years of age, he had high cheek bones, large whiskers, and curly hair, which was dark brown as well as his whiskers, his hair curled a good deal under the rim of his hat

P140

Which was a good black one with a high crown, he wore fustian trowsers, a black cloth waistcoat, a black handkerchief and a very narrow striped shirt, he was in his shirt sleeves, the shorter man had his face blackened, he had a round face, small features, his neck and hands were also blackened, he wore a pair of ragged blue trowsers, a blue jacket, I did not see his waistcoat, the lining of his jacket hung down below the bottom of the jacket he wore a red and white cap with the white side outwards, the bottom of it was turned up and shewed the red part of the cap, I did not perceive if he had any whiskers, I do not know the colour of his hair, I had not so good a view of him as I had of the tall man, about the first of last April on a Sunday morning the first Sunday after the Races at Launceston I was in the House of George Morgan in Launceston where I saw a tall man whose name I did not know in company with Bernard Passgrove, the day following I proceeded home and arrive there the following Wednesday and I found that our House had been robbed of nearly all its moveables amongst which was a musket which I should know again if I was to see it, I am positive that the tall man I saw near my Husband’s House on the eighth of June and who fired off a

P141

Double barreled Gun at my Husband on that day is that same man I had previously seen in George Morgan’s House in Launceston about six weeks after I had seen him in Morgan’s House, I was again in Launceston and enquired of Mrs Morgan who the tall man I had seen with Passgrove at her House was, she said his nae was John Cairns and lived over the water and rented a Farm of David Williams, I did not see that man from the time I saw him in Morgan’s House until I saw him fire at my Husband on the eighth of June, I have not seen him since. The short man I saw near my husbands House on the eighth of June with his face blackened was about the same size and height as Bernard Passgrove and his features very much resembled those of Passgrove be was a smart made man, rather stumpy and round shouldered and I verily believe that the man who had his face blackened near my husband’s House is the said Bernard Passgrove.

/signed/ Mary X Barrett

her mark

Sworn before me at Launceston the first day of July 1829

/signed/ H Simpson

p142

The further information on oath of Mary Barrett who saith I have just seen several men at the police Office and amongst them John Cairns and Bernard Cosgrove and I swear positively that John Cairns is the tall man I have described in my former information as having fired at my Husband on the eighth of June and Bernard Cosgrove is the man I yesterday described by the name of Passgrove, he now says his name is Barnard Cosgrove I cannot swear positively that he is the man I saw with Cairns near my husband’s House on the eighth of June but he is very like that man, he has round features, his thick neck his height and size are just like that of the man I saw with Cairns I have no doubt that he is the man I saw with Cairns on the eighth of June and had his face blackened

/signed/ Mary X Barrett

her mark

Sworn before me at Launceston the second day of July 1829 and read over to the Deponent in the presence of John Cairns and Barnard Cosgrove as well as her former information and complaint.

/signed/ H Simpson

p143

The information and complaint on oath of Henry Barrett who saith I live at York Town about six miles from Georg Town, on a Tuesday about the beginning of last may my House was robbed by two armed men when they took away a musket, a Rifle, a double barreled Pistol, a Horse pistol, and several articles of Bedding, wearing apparel and Provisions. I was in their company three hours o that day, and I should know the men again, one of them was a tall man about five feet ten inches high, the other was about five feet five inches high, his face was blackened I am sure I should know him again as well as the tall man who was not disguised. On a Monday in the early part of June I was attacked by two armed men on a Bridge about a hundred and sixty yards from my House. Joseph White was with me on that day and the armed men ran towards us and called out stand, we ran towards the House they fired three shots at us as we retreated neither of us was wounded, I heard one of the Balls whistle the men were within fifteen yards of White when they fired the first shot, they were within five yards of us when they drove us off the Bridge, I saw their faces quite plain

P144

One of them was a short man he had his face blackened the other man was not disguised. I am sure they are the same two men who robbed my House on or about the beginning of May, and I should know them again if I were to see them, I have had the musket thirteen years which they took away, it is an old musket, a very remarkable one, it is only half stocked, there was a piece of copper upon the end of the stock an round the barrel, and there is a crack in the stock at the head of one or both of the screws which fasten the Lock and another cracked the but end of the stock, I have seen seven men this morning at the Police Office neither of them are of the men who robbed my house or fired at me as I have before stated I am sure this man Bernard Cosgrove is not the short man ho had his face blackened at my House when it was robbed and when I was fired at one the 8^th of June. I never saw this an Cosgrove before in my life the man who had his face blackened was of a fair complexion this man Cosgrove is very dark, he had carroty whiskers, this man has black ones and is not so stout as the man who robbed me and fired at me that man had a very long nose, this man has a short small nose.

P145

This musket is mine, and the same that was stolen from my House in last May.

/signed/ Henry Barrett

his X mark

Sworn before me at Launceston the ninth day of July 1829

/signed/ JC Simpson

[on angle in margin]

a musket lately from a man who attacked Mr Hobler on the 15^th June [see Mr Hobler’s information ] s??? to the witness.

The further information on oath of Henry Barrett who saith neither of the men now present are of the men who robbed my House and fired at me I am sure this man John Cairns is not one of those men.

/signed/ Henry Barrett

his x mark

Sworn before me at Launceston the ninth day of July 1829

/signed/ JC Simpson

Van Diemen’s Land

To Wit

The information on oath of George Hobler Esquire of Killafady wo saith about six o clock last evening, I was sitting alone at the table in my sitting room, reading a newspaper, at the time two doors were open one leading into a kitchen…

P146

The other near it opening into my bedroom, I heard some person come into the room from the kitchen but as there was much traffic too and fro on account of the children being ill with the hooping cough, I took no notice, in a moment a strange voice addressed me “if you stir I’ll shoot you” I repied whats that and looking across the table, saw a tall man standing opposite me presenting towards me a musket with the bayonet fixed, who repeated “if you move I’II shoot you” very well I replied I won’t, don’t frighten the children at the same time I slowly rose from my chair the stranger then said, come out, come out, I say I replied I will, the then, walked backwards towards the kitchen door, with his musket presented about three feet from my breast, repeating “come out, come out” I followed him very slowly, and kept edging off – towards the bedroom door with the intention of rushing in there if I had a chance, in a few steps I was opposite the bedroom door to which and this time Mrs Hobler had come from the bedroom I stepped back into the doorway of the bedroom the stranger having backed through the door way of the kitchen when

P147

As I imagine suspecting my motive, he stepped forward again into the sitting room,and lowered his head to his musket, as if in the act of firing, at this instant, Mrs H seized the musket by the barrel and raising it above his level it went off and several balls were lodged in the upper part of the door case about four inches above me head I immediately closed and bolted the bed room door, seized my arms, and coming into the sitting room found he had departed and that Mrs H had bolted the door upon him. [blank space] Having any arms around me, and the family within the bolts, I did not attempt to pursue, extinguished the lights in case any person came to the windows. In am minute more my servant Mr Reed then in the kitchen said they had ran away, I let him into the sitting room to assist me when he said he seized the man as he retreated, but having my little Boy under the other arm he had got from him, leaving his musket behind him – the only expression used by the man who fired, after his doing so, was take that you bugger. [blank space] this is the musket and Bayonet whiles Mulal ? [Michael?] Reed shewed me immediately after the strange man had gone away. One of my men named Trimmings brought me this Hat this morning and said he found it about twenty yards from the kitchen door.

P148

I do not know that I could identify the man who shot at me except by his voice which was very deep and hoarse.

/signed/ George Hobler

Sworn before me at Launceston the sixteenth day of June 1829

/signed/ PA Mulgrave

The examination of Joseph White who saith I am free by servitude and live at the house of Henry Barrett at Western Arm on the River Tamar seven miles from George Town between three and four o clock on the afternoon of last Monday the 8^th of June Henry Barrett and I were employed wheeling fruit from Barrett’s House to the River side intending to come to Launceston in Barrett’s boat which was laying by the Edge of the River when two strange me came running towards us with Guns Pointed at us and they cried out stand Barrett and I ran from them they fired three shots a Ball from one of the Guns whistled close past my head Mrs Barrett was in the House we called out to her to bring out the piece she came out of the House with a Gun in her hand she gave me the Gun which I handed to Barrett and ran into the House and got a musket and returned to

P149

Barrett who was near to the River guarding the Fruit – the fruit was on a bridge which leads across a creek and on the opposite side of the creek out of gunshot I saw the same two men who had fired at us one of them was a tall man the other was a short stiff man, the tall man called to us and said we do not want to distress you we want to bring back a rifle piece a musket and some new clothes which we took from your House before, Barratt’s House had been robbed by two men about nine weeks ago I said to them what is the use of palarvering in that way see how you have served him (Barrett) before you marched him a Prisoner and tied him up, they said good bye take care of your head old man for a while, and they then disappeared it was then about five o clock the tide was flowing our boat was in a shed on the opposite side of the Creek to the House a pair of paddles were in her but no sails. Barrett and I took the fruit up to the House and between seven and eight o clock Barrett went down to the Boat shed came back and said his Boat was gone.

When I first saw the two men I was on the Bridge that leads over the creek they were on the side of the creek opposite

P150

The garden the first word they said was stand they were then about twelve yards from us they then both pointed their Guns at us Barrett and I ran towards the House they crossed the Bridge and it was then they fired three shots after us the tall man had a double barreled Gun I had seen Barrett’s boat in the Boat Shed about two hours before they came after they had fired at us they ran back over the Bridge to the top of the Creek they stopped there and the tall man then said that he was bringing the things back that he had taken away before neither of the men produced a rifle of any thing else, Barrett then had got a Gun and I had a musket and we had ammunition we did not go after them me, I did not see which way they went when I lost sight of them, I never saw either of them before, I should know the tall man again if I was to see him he was a slender man about five feet nine or ten inches high I was not near enough to see his Eyes or the Colour of his Hair he had round features, he had no jacket on he was in his shirt sleeves and had a waistcoat and Trowsers the colour of which I do not know he wore a good black hat, the short man wore a…

P151

Blue jacket and dark coluored trowsers and a red cap turned inside out his face was blackened, the tall mans face was not blackened I am sure they were within twelve of fifteen yards of us when they fred at us neither Barrett or I was hit by the shot they fired, we did not go down to the Boat until after Dark when they disappeared it was between three and four o clock, it is about four Miles from Barrett’s House to Captain Townsend’s House neither of the men had a knapsack Barrett started from his House about eight o’ clock and said he was going to report what had happened at George Town Barrett and I did not go after those men we stopped to guard the House until after the Boat was gone the Boat shed is about seven Hundred Yards from Barrett’s House and cannot be seen from it Barrett has two Dogs they barked two hours or two hours and a half after the en were gone Barrett and I went out to see what they were barking at but could see no one. Barrett did not return home until one o clock the next day I was in the House all night with Mrs Barrett and her children we did not go to bed until between twelve and one o clock we were not disturbed during the night – I had only one musket in the House, I dare say the men were in sight of Barrett and me for an hour they stood on the top of the Hill opposite the Bridge during

P152

Which time Barrett guarded the Fruit we had taken down to the Beach and I wheeled up the fruit again to the House I went three times from the Beach to the House whilst the men were on the Hill they said nothing to me the Fruit was four or five hundred yards from the House I took my musket with me backwards and forwards as I wheeled up the fruit Barrett had only one Gun with him whilst he was guarding the Fruit and he knew the men were on the Hill all the time I think they were a quarter of a mile from the place where Barrett was guarding the fruit whilst on the top of the hill, the men might have got to Barrett’s House whilst I was busy with him about the Fruit if we had lost sight of them, they kept in the same place for an house, neither Barrett or I fired at the Men.

/signed/ Joseph X White

his mark

Taken before me at Launceston the eleventh day of June 1829

/signed/ PA Mulgrave

p153

The examination on oath of Joseph White was saith I recollect the day on which two men came to Henry Barrett’s premises and fired at Barrett and me one of them was a tall man and the other was a short man I have described them in a former information I should know the tall man again if I was to see him I should not know the short man I think it was on the 8th of June I was not at Henry Barrett’s House when it was robbed before I am sure neither Bernard Cosgrove or John Cairns were of the men who fired at me and Barrett one the 8^th of June.

/signed/ Joseph X White

his mark

Sworn before me at Launcesotn the 22^ndday of July 1829

/signed/ JC Simpson

The examination on oath of William Adams /free/ who saith I know John Cairns within a quarter of a mile of him I recollect seeing John Cairns on Whitsun Monday the day before Sunday

P154

Was a holiday and we kept it I saw him at his own farm about nine o clock and I saw him again in the evening in his House within about an hour or sundown I recollect that Monday because we kept the day before as a holiday I never sw John Cairns wear a Black waistcoat I never saw him have a double barreled Gun I have seen him have a musket it was an old one only half stocked I have fired out of it two or three times I should know it again if I was to see it

/signed/ William Davis

his x mark

Sworn before me at Launceston the twenty second day of July 1820

/signed/ JC Simpson

The examination on oath of Mary Morgan who saith I am the wife of George Morgan and reside in Launceston, I know Mary Barrett she was at my House on the first Sunday after the races, I think in last April, she came there in the morning about Breakfast time, John Cairns and Bernard

P155

Cosgrove were at my House at the same time, I saw Mrs Barrett about three weeks or a month after that, it might be more but it was the first time she came up to Launceston after the Races she said she had been robbed, she asked me who the tall man was she had seen in my House with Cosgrove, on the Sunday morning after the Raves, I told her his name was John Cairns and I believe I told her he lived over the water, I cannot recollect that I told her he rented a Farm of David Williams.

/signed/ Mary X Morgan

her mark

Sworn before me at Launceston the second day of July 1829 and read to the deponent in the presence and hearing of Bernard Cosgrove and John Cairns

/signed/ JC Simpson

The examination on oath of Absolom Harris who saith I am a convict and have charge of the Government Garden at York Town, Henry Barrett also lives there, on a Tuesday about eight

P156

Weeks ago two armed me came to Barrett’s House and robbed it of several articles, amongst them was a musket which I should know again, and I should know the two men again if I were to see them, one of them was about five feet ten inches high, three and twenty years old, full faced, with small whiskers, he was very fair in the face, I think I had seen him before but I cannot recollect when or where, the other man was a stoutish thick man his face was blackened he was about five feet five inches I took him to be about thirty years old they came to the House about two o clock and went away at dusk I talked a good deal to the tall man, and I saw them both very frequently during the time they were at Barrett’s House.

I was in George Town on Monday the 8^th of June and when I returned home I understood from Barrett that the same two men who had robbed his house on the Tuesday had fired at him and Joseph White on that day /Monday/

I have now seen five men

P157

In the Police Office and I am sure neither of them were of the men who robbed Barrett’s house as I have before stated the man who had his face blackened had a roman nose, a crooked nose, he was a good deal stouter and thicker than this man /Bernard Cosgrove/ the man perspired a good deal and the black was rubbed off about his chin and the side of his face his whiskers and Beard were of a sandy colour I am sure this is the musket that was stolen from Barrett’s House on the Tuesday as mentioned in the Examination.

/signed/ Absolom X Harris

his mark

Sworn before me at Launceston ths ninth day of July 1829

/sgd/ JC Simpson

The further examination on oath of Absolom Harris who saith neither of these men /John Cairns Bernard Cosgrove/ are of the men who robbed Barrett’s House on the Tuesday mentioned in my information I never saw either of these men before.

/signed/ Absolom X Harris

his mark

Sworn before me at Launceston the 9^th day of July 1829

/signed/ JC Simpson

p158

The examination on oath of Henry Brown free by servitude who saith I recollect seeing John Cairns on Whitsun Monday the 8^th of June it was a day of pleasure and I drank some Beer with him on that day between nine and eleven o clock I was with him in his House at that time I left him there and went up the country there was some heaps of wood burning on his farm on that day and I supposed he had been at work burning off timber I have had no conversation with any one about what evidence I was to give in this case.

/signed/ Henry X Brown

his mark

Sworn before me at Launceston the twenty second day of July 1829

/sg/ JC Simpson

The examination on oath of Phillip Best free by servitude who saith I know Bernard Cosgrove he was working as a Sawyer with me about three miles from Launceston from the middle of may until the middle of June he

P159

Was never about from his work at that place a ay and a night during that time on Whit Sunday he went out and dined he came back about an house before sun down he was not absent on the next day Monday

/signed/ Phillip Best

Sworn before me at Launceston ths twenty second day of July 1829

/sgd/ JC Simpson

The examination on oath of James Eaton who saith I know Bernard Cosgrove he worked at the same plece that I did from the middle of May until the middle of lat June I do not recollect that he ever slept a night away from that place I recollect Whitmonday he asked me for some Money I had none and he was at work with me to whole of that day It was within three miles of Launceston near Mr/?/s Townsend’s where we were at work on Whit Monday.

/s/ James Eaton

his X mark

Sworn before me at Launceston the 22^nd day of July 1829

/sg/ HC Simpson

p160

22^nd July 1829

Rex versus

John Cairns

Bernard Cosgrove

Original forwarded

1^st march 1830

Tried at the June sessions 1830

[bushrangers in pencil]

p161

[sept 1829 in blue wax? Pencil]

Van Diemen’s land

To Wit

The information on oath of Donald McLeod Esquire Settler of Claggen taken then 17^th day of September 1829 who deposeth and saith. Between one and two o clock in the morning of the 24^th of August last, I was awoke by my son Alexander who called out “here are the bushrangers come” , and immediately afterwards a short was fired an I heard the rattling of shot through the House I called out to my sons to prepare themselves incase they / the bushranger/ should break open the door, on opening a little leap? Place I had made in the window shutters, I saw the flash of a Gun about fifty yards from the House, and the shot instantly struck the weather boarding of the House, the firing was continuous for some time I have no doubt there were twenty shots fired before I heard any voice after some time had elapsed I went to a skilling at the back part

P162

of the House when I heard the voice of John Morton and William Sainter call to William Ward who slept in the Kitchen calling to him to get up from the place where I was I could not see them, but I am positive it was Morton and Sainter, I went to my bedroom when I heard Stewart calling out it will be as well for you to open the door, while I was at the back part of the house I heard a gun fired and a Ball struck against a post close to my son, the Ball passed through my Bed room close to the head of my Bed, they were about the house upwards of two hours, I never spoke to them nor suffered any Person in the House to speak, after all had been quiet for some time my servants same from the kitchen to the front of my House and told me the Bushrangers have gone and had taken William Ward

P163

Along with them, I never saw Ward until the day following about two o clock, when I was going to Mr Cox’s to report the circumstance.

I heard Morton ay “we want nothing but rations and rations we will have”, – there are several holes that have been pierced by Balls in Mrs McLeods bedroom, close to the head of the bed, and there are two or three Balls sticking in the woodwork near the bed I believe there are twenty holes in the side and end of the House which have been made by the Balls, I picked up several of the Balls, and being short of ammunition we melted them down to fit our own guns.

/signed/ D MCLeod

Sworn before me at Launceston the 17^th day of September 1829

/signed/ Jmes Gordon

£40 [left margin]

p164

Launceston

13^th October 1829

The information on oath of Mr Alexander McLeod one of the sons of Donald McLeod Esquire of Cleggin who saith on the night of the 23^rd of August last about midnight I was awoke by a shot being fired and a Ball passing through the weather boards of the House through the Bed Curtains and fell upon the Bed and not distinctly hearing what it was that made the noise, I sat up in my bed and heard another shot fired I then got up and alarmed my father and immediately afterwards I heard a number of voices calling out to open the door, I made no reply neither did any persons who was in the house speak to them, after that several shots were fired, a little time after this, I heard Thomas Loughton’s voice at the end of the House calling

P165

To me to open the door or he would slaughter us all, there was a man also who used to go by the name of Pincher, Samuel Cowden, was his right name, I heard him call out here is little Pincher come he will pinch some of you or else he will be shot dead before he goes away, after this I went to the end of the House, and looking our through a loophole towards the stable I saw a man which I thought at first was a stump when I perceived it was a man I heard John Morton call out if you do no let us into the House I will take the Horses out of the stable and shoot them in a few minutes, I saw Morton close by a tree, about fifty yards from the House, I heard him call out come out you old rascal and fight like a man, and instantly I saw the

P166

Flash of a Gun fired from the tree, I did not see any other person near the tree but one an that I am sure was Morton from his voice, the Ball came through the weather boarding of the front room and fell down and rolled along the boards I shortly after heard William Stewart call out you had better open the door, it will be better for you, every time that they spoke to us they fired, I dare say they fired thirty shots at the House they stopped upwards of two hours, they never got into the House neither do I know that they took anything, away from the premises

/siged/ Alexr McLeod

Sworn before me /signed/ James Gordon

P167

Van Diemen’s land

To Wit

The information on oath of Stephen Hopwood who deposeth and saith, I am assigned to the service of Donald McLeod Esquire of Cleggin, Between eleven and twelve o clock on the night of Sunday the 23d of August last I was in bed and awoke by the report of a Gun, I arose and heard a voice call out “open the door and let us in we won’t hurt any of you if you will let u s in, if not we will have no mercy on you”, immediately after I heard several shots between twenty and thirty, the firing had ceased about a quarter of an hour when some one called out repeatedly “Hopwood come out”, I hesitated, but at length went out and aw John Morton, William Stewart, John Laughton, Samuel Cowden and William Sainter, Morton said come here I won’t hurt you, you must

P168

Walk before us up to the Majors door, I told him I could not do so, he forced me to walk with them round the House and asked me where Ward was I told him I did not know, he went to the back of the chimney and broke it down and called for Ward whom came our at the Kitchen door they forced him to say to me that he agreed to go in the Back with them, Morton tied my Hands behind me, all but Sainter then went into the skilling were I slept, they took away one pair of drab cloth trowsers, one Black kerseymere waistcoat, two silk handkerchiefs, one Black Beaver Hat and one Razor, all my property, they then went away and locked me in the skilling – they remained upon the premises until about four o clock the next morning, they were all armed with fowling pieces and muskets, the wearing apparel which they took was locked up in

P169

A chest, Morton attempted to break it open, but I told him not to do that as I had got the key and unlocked it and took the things out, Ward was in the skilling at the tie, they also took a Black beaver hat, belonging to Master Norman McLeod, Stewart took it away, – when they left the House Ward went with them, I did not see ny of them fire

/siged/ Stephen Hopwood

Sworn before me at Launceston this 23d day of October 1829

Signed James Gordon

P170

Launceston

October 14 1829

The information on oath of Donald Cameron who saith I reside in the district of Launceston, on the night of the first of September I was awoke by the barking of Dogs I immediately got up when I heard the voice of one man who said I am Morton the Bushranger, but I am not some to rob you or do you the slightest injury, I heard the footsteps of more than one person as they approached the house, the person outside said get a light and repeated that he did not men to do me any injury, a light was accordingly procured and one man entered the room through the window, it is a French window and opens down to the ground, he was armed with a double barreled gun and a brace of pistols, I recognized him to be one of the men who robbed my House about a month before he

P171

Said Doctor Cameron we have learned that you have represented our conduct favourably to the Lieutenant Governor and we are desirous of expressing our sense of feeling for your having done so, at this time I observed behind me another of the Bushrangers with a double barreled Gun in his hand and a free man of the name of Antonio in my employ, the man and Antonio had entered ther by the back door the man who came in first at the window his name was John Morton and who was immediately in front of me knelt down and took his pistols out of his shooting jacket pockets placed them on the table, put his Gun against the table, put his hands behind his back and said if you think I came with any intentions of robbing you again you can blow our my brains I said no I could not , he then got up, and assumed his men and

P172

I urged him to throw himself on the Mercy of the Lieutenant Governor. I think a man who could show himself so feelingly could not be very depraved, he said he had never robbed major McLeod in his life, only once and that was six cheeses, that starvation and ill treatment was the cause of their taking the Bush and that if Mercy was extended to them, they would immediately give themselves up, I said I should go into Town early in the morning and make that communication to the Authorities, I asked them how they would find out supposing my application was successful Morton said make it known to two are these persons and we shall hear of it, I urged them not to make any further robbery until they could hear of the verdict, asking them if they had sufficient provisions to last the least of the two said they had sufficient four and sugar

P173

Adding that they would rather starve than commit a fresh robbery, they said it was a dreadful lie they led in the Bush, that they had many miles to travel before they came to their place of concealment, and that they then had to Crawl to the Place of concealment through long grass and were not even able to keep a fire for fear of detection. I then ordered them to get some bread and cheese and some spirits which they took away with them immediately, I never saw either of these two men to my knowledge unless on the Night of the robbery

/signed/ D.Cameron

Taken before me at Launceston this fourteenth day of October 1829

/signed/ James Gordon

p174

The information of James Murray who deposeth and saith I was one of he men who apprehended a party of Bushrangers on Mr Thomas’s farm on the second instant I returned to the place where they were found on last Wednesday the ninth instant, Robert Caldwell was with me where we found an old Duck frock with some damper in it and a small pistol and copper powder flask, I have put a mark upon them and delivered them this day to Mr Dell the District Constable.

/signed/ James Murray

his x mark

Sworn before me at Launceston the 11^th of September 1829

/signed/ James Gordon

p175

Van Diemens’ land

To Wit

The information of Mr Robert Pringle Stuart of Talisker in Van Diemen’s land settler taken upon oath the eighth day of September 1829 who deposeth and saith, I am in partnership with my brother George Stuart and reside at Talisker, on the night of the 31^st of August about ten o clock our dwelling house was entered by five men, they were armed, they tied my Hands behind me, I knew them well, they were John Morton, William Sainter, Thomas Laughton, William Stuart and Samuel Cowden, they had been servants on our farm and had absconded therefrom Cowden tied my hands after they had been in the house a short time, Morton untied my hands and taking a light made me go with him, Laughton accompanied us we went up into a loft, he /Morton/ made me go up before him Lawton? Went up with us, finding there were Tea and Sugar on the loft, they then went into a Bed room and took some Pillow cases and returned to the loft they

P176

Took about five or six pounds of tea, and twenty pounds of sugar, about two pound of salt and a small quantity of shot then filed two tin pots with wine, and took those things into the parlour, where I saw them take some shirts, Morton then took me to a Bed room where he rummaged my Brother George’s Trunks, I do now recollect that he took anything from them, he then took me into Mr McLeod’s room and asked me for the key of a portmanteau I told him I had not got the key and on finding a hole at the end of the portmanteau he pulled some things out of it but did not take them away, in returning from Mr Mc Leod’s Bedroom we again went into My Brother’s Room where Lawton took a pair of old trowsers, Cowden shortly afterwards went into my Brother’s Room where he also took a pair of Trowsers belonging to my Brother. They remained at the House nearly four hours and a half, John Morton requested us to take some wine, he took up a pot with some wine in it and said to us, Gentlemen God Bless you all, I wish you prosperity and turning

P177

To the men who were tied, he said Fellow Prisoners I hope your luck in the Colony will be better than our and he then rank, when they were going away they tied up the things I have enumerated and several other articles which I do not recollect this double barreled Fun is my property and was taken away by Morton and his party – this pair of Boots, this cotton shirt, and this shooting jacket {Lawton} are my property. This white cotton shirt is mine {John Morton}

/signed/ Robert Pringle Stuart

Sworn before me at Launceston this day and year first before written

/signed/ James Gordon

£40.-19 Sept 1829

p178

Van Diemen’s Land

To Wit

The information and complaint on oath of Mr Magnus McLeod one of the sons of Donald McLeod who saith I live at my Father’s Farm at Talisker, last night as I was returning home about eight o clock, I was stopped by John Morton, William Sainter, Samuel Cowden and William Stewart, they were all armed and had absconded from my Father’s service about five weeks ago, they tied up my hands behind me and took me to the men’s Hut where I saw the men belonging to the farm, they had all their hands tied and Thomas Lawton who had also absconded with the other Bushrangers was standing as a sentinel at the hut door, Mr John? Stewart Was with me and the treated him in like manner, they kept us in the Hut about two hours and then tied Mr Stewart and I together

P179

And marched us up to the House, the insisted on my requesting the House door to be opened and I did so through fear they threatened to shoot me, Samuel Cowden said it they will not open the door I have a pretty good target before me I said what is that he said “Your dead”, the door was opened by Mr George Stewart just before they entered he House, and then called Mr Robert Stewart to them and bound him also, I saw Cowden take a double barreled Gun belonging to Mr George Stewart and another double barreled Gun belonging to Mr Robert Stewart and Camden also took a pair of Pistols belonging to Mr George Stewart and handed the Guns to one of his party, they took a shooting jacket from Mr George Stewart’s person, Sainter took a pair

P180

Of boots from me, he asked me for them, and I delivered them to him, Morton desired him to take them, they ransacked the House and took away several Bundles of things from the House, Morton said if we catch Ward we will not shoot him we will cut his ears off – when they took me and Mr Stewart to the House they marched all the men from the Hut likewise and put them into the parlour with us, the Hut stands about a quarter of a mile from the House, they went away about two o clock in the morning. I could not learn from any of their conversations what they intended to do, they threatened to storm some persons Castle but did not mention the name, I thought they alluded to Mr Lette’s House when hey used this threat.

Signed M.McLeod

Sworn before me at Launceston the 1^st Sept 1829

/signed/ James Gordon

£40 19 Sept 1829 [in left margin]

p181

Island of Van Diemen’s Land

To Wit

The information of Robert Chawner of the district of Breadalbane in Van Diemen’s Land taken upon oath the second day of September 1829 who deposeth and saith yesterday morning about 2 o clock I was awoke by some person calling to me to get up, I was in bed over a blacksmith’s shop belonging to Samuel Bowen with whom I live I got up and saw five men standing in the shop they were all armed, they had been fellow servants of mine at Major McLeod’s they were John Morton, Samuel Cowden William Sainter, Thomas Lawton and a man named Stewart. John Morton took a small piece of Bacon that was hanging up in the House and one of them took a loaf of Bread I do not know which, they stopped there about ten minutes when they all went out of the Shop and Morton

P182

Called me out of the shop and said you must carry this pointing to a Bundle that was laying upon the Ground and go with us, I took up the Bundle it was a bag or pillow case, it contained about sixty pounds of sugar, they took to the Black Forest towards Mr Cottrells where they stopped, it had then been daylight about half an hour, I was then about seven miles from home we walked very slow, I do not thing we travelled in a straight direction they told me to sit down and take something to eat, I did so, they then said I might go home, I think I was with them five hours, they all of them said they were sorry for what they had done, and were ready to give up their arms if they thought their lives would be spared, I left them all sitting on the ground, I never was in that Forrest before I do not know how far they then were from Mr Cottrells, I saw no Hut near the place, I did not hear any one of them threaten to rob or otherwise injure any person, they had several bundles with them, I do not know what they contained they

P183

Had two double barreled Guns and three single barreled ones. I do not know how much ammunition they had.

/signed/ Robert Chawner

his x mark

Sworn before me at Launceston the 2^nd day of Sept 1829

Signed/ James Gordon

P184

Van Diemen’s Land

To Wit

The information on oath of James Murray who saith I am free by servitude and employed as a labourer on the farm of Jocelyn Thomas Esquire at the Snake banks about twenty miles from Launceston about twelve o clock on last Wednesday the second of September instant I saw five armed men going across a plain near my Hut towards a Forest, I told Robert Caldwell – who lives with me that I had seen these men and that I would go and see who they were I went to the Forest intending to conceal myself, when they had got within about two hundred yards of the place where I was they ran back across the marsh plain, I ran to the Hut took my musket

And Bayonet and went in pursuit of the five men and told Caldwell to go to Mr Wedge’s about a mile distant and get Ashton

P185

A constable, I followed to men and saw them go to the edge of the South Esk River, they went into a scrub in a bend of the river, and laid down about two hours afterwards I was joined by Caldwell and John Ashton we approached the scrub until I saw a man laying down upon the ground, I was within five or six yards to him, I made a motion to Ashton, to close into the scrub when he presented his piece and Caldwell and I presented our Guns also Ashton said come walk out one by one, when five men one after the other walked out of the scrub one of them picked up a Gun and Presented it at me, I said some drop your piece or I will blow your brains out, he replied if you fire I will fire, I presented my Gun at him and said if you do not drop your piece I will drive a ball through you he immediately laid down his Gun and

P186

Walked out of the scrub, the other four men did not take their Guns from the ground I think they were all asleep when we approached them it was then about four o clock in the afternoon, one of them the tallest of the five pulled upon the breast of his shirt and said shoot me, the other four said aye we may as well all die together. I took a double barreled piece from the ground where the men had been and Ashton and Colwell each took a Gun from the same place and took the men to Mr Wedge’s Farm, where the Bushrangers were kept in Ashtons Hut all night, in the morning Caldwell and I returned to the scrub and brought from there two muskets and a fowling piece, and I accompanied the five bushrangers and the fire arms found with them to the Police Office this day, they are John Morton, William Sainter, William Stewart, Thomas Lawton, and Samuel Cowden, who I have heard absconded from the service of major McLeod right on nine weeks ago, neither of them made the least resistance or attempted to

P187

Get away from us except the man who lifted up the Gun and he ade no other resistance than that I have stated, I did not see any provisions with either of the Bushrangers excepts a little sugar about nine pounds.

/signed/ James Murray

Sworn before me at Launceston the fourth day of September 1829

/signed/ James Gordon

p188

Van Diemens Land

To Wit

The information of William Ward of Launceston a field police constable taken upon oath the fourth day of September 1829 who deposeth and saith on Sunday the nineteenth day of last July I was an assigned servant to Mr Donald McLeod and resided at his farm called Claggen when about the middle of the night John Morton, Thomas Lawton, William Sainter, William Stewart and Samuel Cowden my fellow servants, and employed at my master’s farm called Tallisker came to Cleggin and robbed the House of some firearms and some ammunition they took a musket a Rifle a Brace of Pistols and fowling piece and forced me to accompany then into the Bush about ten o clock the next day, I escaped from them and they were going through a scrub, and returned home with the Rifle, and one of the Pistols which they had permitted me to carry, on Sunday night the 23d of August

P189

Or early in the morning I was distracted by the same five men coming to my Hut at Cleggin when they made me get up and go away with them, before they came to my hut I was alarmed by hearing about twenty shots fired when they called me out of the Hut they forced me to go with them previous to starting, they made me acknowledge in the presence of Stephen Hopwood that I was willing to go with them, they took me into the Bush about twenty miles from Cleggin and I escaped from them again about the idle of the next night /Monday when they were asleep, and I then brought away a fowling piece and a pistol both of which I had seen in the possession of John Morton, I returned home to Cleggan and came to Launceston the day after, and delivered the fowling piece to Mr Mulgrave, the pistol I delivered to Mr Donald McLeod before I came to Launceston – whilst I was with the Bushrangers I heard them talking about firing sixty rounds at Major McLeod’s House I

P190

Cannot recollect which of them it was that said this, they talked about it aongst themselves.

/signed/ William Ward

Sworn before me at Launceston the day and year first above written

/signed/ James Gordon

p191

The information on oath of John Ashton who saith I am a Field Police Constable attached to the Police at Camobell Town on last Wednesday the 2^nd of September I was on the farm of Mr Wedge at the South Esk River when Robert Caldwell who holds a Ticket of Leave told me he had seen five armed men which he thought had absconded from Mr Mc Leod’s go across a Scrub near his Hut, Mr Wedge gave Caldwell a musket and some ammunition, I took my musket and went with Mr Wedge and Caldwell, Mr Wedge was on horseback, after we separated, we had travelled about the swamp for about an house and then fell in with James Murray, about a quarter of a mile from the scrub he informed us he had last sight of the Bushrangers about twenty minutes before I saw Murray, I saw William Foreman, Mr Cox’s shepherd, he was on the other side of the river, he called to Caldwell, and told him the Bushrangers were in Mr Coxes Bend we went to a bend of the South Esk River, where there was

P192

A scrub and saw five men laying there asleep, I called out to them and aid who are you, Caldwell Murray and I had our Guns pointed towards them, one of them I think Stewart said do not shoot us, I said get up and walk away from that place, he got up and directly afterwards the other four got up and walked out of the scrub I had said if you do not come out we will blow your brains out one of them said do not do that for we will comply, I said do so and we will treat you well, Caldwell and Murray stood over them with their pieces and I went to the place where they had lain and took from there two double barreled Guns two muskets and a fowling piece which we planted about a hundred yards from the place I had found them, I then searched the Bushrangers and took from John Morton a small pistol a pouch containing about twenty rounds of ammunition a

P193

Pair of Bullet moulds and two pieces of films/files?, I did not find anything upon the other four men we took the five men to a Hut near Mr Wedge’s House and the next morning we took the men to Captain Barclay’s farm and from thence to Launceston this day – neither of the men made any resistance at the tine they were apprehended or attempted to ascape afterwards, these are the five stand of arms we found with the Bushrangers.

/signed/ John Ashton

Sworn before me at Launceston the fourth day of September 1829

/signed/ James Gordon

p194 [repeat of p 174]

The information on oath of James Murray who deposeth and saith I was one of the men who apprehended a party of Bushrangers on Mr Thomas’s farm on the second instant, I returned to the pale where they were found on last Wednesday, the 9^th instant Robert Caldwell was with me whenwe found an old duck frock with some damper in it and a small pistol and copper powder flask, I have put my mark upon them and delivered them this day to Mr Dell the District Constable.

/signed/ James Murray

his x mark

Sworn before me at Laucneston the 11^th day of September 1829

[unsigned]

p195

Van Diemen’s Land

To wit

The examination of Mr George Henning Stuart of Talisker, settler, taken upon oath the eighth day of Septembeer 1829 who deposeth and saith, I and my brother Robert rent the farm from Major McLeod which we hold of lease for a certain number of years unexpired. Mr Magnus LcLeod is a partner of ours but his name is not mentioned in the lease, between nine and ten o clock on Monday night the 31^st of August, I heard a person calling out to open the front door of my House. I knew it was Mr Magnus McLeod I opened the door, it was very dark and I could not scarcely distinguish any thing, I heard a voice which I knew to be that of John Morton say “come out here Mr George Stuart and hold up your hands”, and Samuel Cowden came up to me and ordered me to give him my handkerchief I offered to go into the room to fetch my handkerchief but they would not suffer me, Cowden said he

P196

Would find something to tie mewith and then William Sainter placed himself between me and the door when Cowden tied my hands he /Cowden/ gave his Gun to Sainter while he tied my hands they then called to my brother Robert to come out, they made him produce his handkerchief and tied his hands, they then made me go into the parlour and brought in both my Brother and Mr Magnus McLeod and all the servants from the hut whom I found they had secured Morton then ordered my brother Robert’s hand

[incomplete]

p197

October 1829

Copies of information

John Morton 7 others

[‘bushrangers’ in pencil]

p198

[oct 1829 – in blue wax pencil]

Van Diemen’s Land

To Wit

Be it remembered that on the twentieth day of October in the year of our Lord one thousand eight hundred and twenty nine at Launceston in the said island of Van Diemen’s Land cometh before me James Gordon Esquire one of His Majesty’s Justices of the peace for the said Island and its Dependencies Patricius William Welsh in his own proper person and giveth me the said Justice to understand and he informed that Thomas Foster of Launceston Brickmaker did on Saturday the seventeenth of October instant harbour suffer to be and remain in his dwelling house in Launceston aforesaid Thomas Mehan [Meehan?] a convict assigned to the service of Patrick Carlin the said convict being then an absenter from his said muster service whereby the said Thomas Foster hath become liable to forfeit and pay a fine of fifty Spanish dollars according to the form of the act of Council passed on the 19^th January 1825 whereupon the said Patricius William Welsh prays that they said Thomas Foster may be summoned to answer to this information and make his defence thereto.

PW Welsh [signed]

Exhibited and Taken the day and year above mentioned

James Gordon [signed]

P199

Patricius William Welsh

Harbouring a convict on the 17^th Oct 1829

Decided 31^st Octr 1829

Mr Walsh

Constable Henderson

Constable Gardiner

P200

[dec 1829 – in pencil]

Van Diemen’s Land

To Wit

Be it remembered that on the sixteenth day of December in the Year of Our Lord one thousand eight hundred and twenty nine at Launceston in the said island of Van Diemen’s Land and its Dependencies cometh before me William Lyttleton Esquire one of His Majestys Justices of the peace for the said Island and its Dependencies. Thomas Johnson in his own proper person and giveth me the said Justice to understand and be informed that a James Houghton of Launceston Licenced Publican on Saturday the fifth day of December instant between nine and ten o clock at night did in His Licenced Public House situate in Launceston aforesaid permit John Davis a convict to be and remain therein for the purpose of tippling whereby the said James Houghton hath become liable to forfeit and pay a fine of twenty Spanish dollars according to the form of the act in Council passed on the 19 January 1825 whereupon the said Thomas Johnson prays that the said James Hougton may be summond to answer to this information and make His defence thereto

Sined by Thomas Johnson

Exhibited and Taken the day and Year

Above written – sined W Lyttleton

P201

Van Diemen’s Land

To Wit

Be it remember that on the twenty first day of December 1829 James Houghton of Launceston Publican was duly convicted before Mr Lyttleton and William Kenworthy Esquires two of His majesty’s Justices of the Peace upon an information charging him with having on the fifth of December instant suffered and permitted John Davis a convict to be and remain in His Public House in Launceston aforesaid for the purpose of Tipling against the form and effect of the Act in Council intitled an act to prevent the harbouring of Runaway convicts and the Encouraging of Convicts Tippling and gambling and the said Justices did award that the said James Houghton should for the said offence forfeit and pay the penalty or sum of Ten Spanish Dollars besides the Costs of the prosecution which costs have been assesd at the sum of Thirteen shillings and six pence.

Given under our hands and seals at Launceston the day and year above written

P202

John Dunlop sworn saith I am watch house keeper in Launceston about half past nine o clock Saturday fortnight I saw John Davis in Mr Houghton’s Public House he was at a Table where there was a good many people Drinking. I did not see him Drinking. I do not know if he was sitting down there was drink on the Table after we the constables went in he Davis went off immediately I found him in the street afterwards In about an Hour and took him into custody Davis is a Prisoner in the Public Works he had no right to be in a Public House at so late an hour of the night it was half past nine according to the time of night I did not speak to Davis I was the Hendermost of the constables Davis was a Coxswain I do not know if he had been down the River I did not see him drink anything I could not say he was Sober or Drunk I thought he was in Liquor.

Robert Fleming sworn saith I am a Constable I saw Davis in Mr Houghton’s about half past nine o clock on the 5^th of this month he was in the Tap Room near the back door at one of the tables intermost? amongst some other people I know my Houghton’s waiter? Davis did not speak to him or Mr Houghton to my knowledge he had no right to be there at that time of night there was Drink

P203

On the table I did not see him Drink any thing I know it was him, this is the man, I went in at the front door with the night watch, I was about the second of them, I saw the man full in the face, I do not know if David was drunk or sober, he is employed in the Boates, I do not know if he had some up the River on that night

Constable James Fahey sworn saith I know John Davis he s employed in the Boates, I know he went away to George Town about a fortnight ago he came up to the wharf in a Boat about eight o clock on last Saturday week in Mr Kenworthy’s Boat.

Samuel James free sworn saith I know John Davis he was not in Mr Houghton’s Tap Room on the last Saturday Fortnight I did not serve him with any liquor. If I had seen him in the House I should have ordered him out if it was after eight o clock, I did not see him Drink with any body in the Tap Room that night, I have seen Davis some through the Tap Room for Mater? He lodged opposite to Mr Houghtons.

P204

5 December 1829

Johnson vs James Houghton

Harbouring John Davis a convict

Decided the 21^st 1829

P205

Gaol Launceston

23 Jany 1830

The information on oath of Thomas Templeton a prisoner confined in Gaol who saith yesterday the 22^nd instant the Bread was late in coming and I went into my ward without breakfast I went? With a shoemaker who is a wardsman. I had some tea which was taken away from me. I expostulated with Greenaway who took away the tea when Greenaway struck me on the head I got up to call the under gaoler when I was followed by Greenaway who threatened me if I called out or complained and said he would give me something if I offered to make us of his name – I then reported the circumstance to the undergaoler.

When Greenaway was confind in a cell by himself I was then locked up in a room with the rest of the prisoners when they dragged me out by my feet ad beat me severely with straps and buckles at the end of them when I was taken out by the gaoler some hours

P206

Before this took place I was threatened by a man named Patrick alias John Dunn who told me if I offered to touch the door or give the alarm he would tear me at the arms? I was reporting the circumstance Edisand? And Wise called out to me and said he would tear my others leg out if I did not mind what I was about.

Thomas Templeton (signed well)

Sworn before me at the Gaol Launceston this 23 January 1830 Joseph Greenaway

Edward Wise/Wine [7 Lady east] [margin: Edwin Wise per Lady East 7]

Patrick alias John Dunne [Godfrey ] 14 years

Charged with threatening Language and thereby inducing the rest of the prisoners to ill treat Thomas Templeton, a prisoner confined in Gaol

Ile? Not Guilty

The above deposition of Thos Templetone being read he confirmed the same.

The information on oath of Prisoner Timothy Daley of the 57^th Regt who saith I heard Edward Wise yesterday when

P207

I was on sentry at the Gaol about 4 o clock say he would have the other leg pulled out of Templeton’s ass.

Joseph Greenaway 50 lashe

Edward Wise 30 lashes at the intercession of W Pastley?/Dartly?

The punishment against Dunne and Greenaway suspended

Samuel Chandler Countess of Harcourt Life charged with being turbulent and disorderly conduct and aiding the prisoners in creating a disturbance in the Gaol also with making use of abusive language to the Sergeant of the Guard the morning 23 Day January.

Sergeant Thomas Joyce states he was called by the under Jailer Thurs? morng to assist in confining some prisoners for being disorderly

P208

In doing so the prisoner Samuel Chandler called me a damned Duffer and told me to f_ _ k myself, Owen Durrows made use of similar language towards me. He is a free man I am certain it was Chandler who made use of the language towards me. Wm Beasely [Beasley?] under jailor sworn saith this morng there was a disturbance amongst the prisoners when I called Sergeant Joyce to assist me in confining Samuel Chandler who was the ring leader of a disturbance last night clapping his hands and asking the rest of the prisoners if they was ready, they kept up a most disorderly and tumultuous noise from nine a night until 2 o clock this morning Samuel Chandler was confined in a cell for endeavouring to Break Out of the Gaol.

Sworn before me at the Gaol Launceston this 23 January 1830

P209

[23 Jan 1830]

Corporal William Garbell? Of the 57^th Regt sworn saith I was on duty at the Gaol last night. Chandler was keeping a great noise the whole of the night. I heard him abuse the Sentry and call him a pipe clay B _____ r/y. I am certain it was Chandler by his voice having been on duty some length of time at the Gaol

Chandler to receive fifty lashes.

Michael Welsh Coromandel Life

Charged with Riotous conduct in the Gaol on 23 Jany

Plea Not Guilty

Corporal William Garbell?/Garbett? Sworn saith about half past two o clock in the morning of the 23d instant I heard the prisoner advise the rest of the prisoners who was keeping a great noise not to leave off till day light as it was then three o clock. I know it was Welsh by his voice I swear it was Welsh.

Sworn before me at the Gaol Launceston this 23^rd Jany 1830

P210

The information on oath of Private Isaac Henmerson?? Who saith I know the prisoner I heard him about one o clock say go one go on it is of no use to leave off alluding to some prisoners who was keeping a great noise he said keep it up till the morning or I know I shall be punished in the Mouds??

Sworn before me at the Gaol Launceston this 23d January 1830

Michael Welsh in his defence states I was confined in Gaol right back? Upon my first arrival without receiving any rations or comunulation? Money?

Twenty Five lashes

P211 [thin piece of paper c12 cm h x c 21 cm w]

6=0=0

Launceston Augt 28^th 1830

I promise to pay Mr Mackie on demand on account of Alexander Hudson the sum of six pounds stirling witness my hand this twenty sixth day of Augt 1830

Jos Moore [very uncertain hand]

Witness John Kendle?/Rendall?

His x Mark

P212

ISLAND OF VAN DIEMEN’S LAND

TO WIT

The examination of Mr Charles Bennett of Launceston in Van Diemen’s Land taken upon oath before me, one of His Majesty’s Justices of the Peace for Vn Diemen’s Land and its Dependencies, the seventh Day of September in the Year of our Lord One thousand eight hundred and thirty in the presence and hearing of Alexander Hudson, duly charged before me upon oath

Which said deponent on his oath, deposeth and saith as follows

I have kept the Tap of the Cornwall Hotel in Launceston for Mr William Mackie since the twenty third day of August last the Liquor sold in that Tap are solely for the benefit of Mr William Mackie on the Twenty sixth of August the prisoner Alexander Hudson came to Mr Mackie’s Tap Room a man who called himself John Pearce was with him Hudson said he and Pearce worked for Mr Joseph Moore that they had been fencing? For him Hudson said he owed

P213

Mr Mackie three pounds and that he would give Mr Mackie an order upon Mr Moore for six pounds if he would let him and his partner have to that amount he asked me to make out the order for six pounds and by his instruction I drew up this promissory note for six pounds payable to Mr Mackie on demand after I had written it I delivered it to Alexadner Hudson and told him he must give it signed and witnessed and he left the Tap with it my son George Bennett a youth about twelve years old went with him. Pearce remained in the Tap Room Hudson and my son returned in

P214

In about a quarter of an hour. Hudson said Moore will not sign it. Pearce said give me the note and I wil get it signed and he took the note from Hudson and sat down, Hudson then left the Tap Room and said he should got home Pearce remained in the Tap Room about a quarter of an hour afte Hudson was gone and then he said he should go to Moore and get the note signed and he left the House, and about three hours after he returned and I said to him have you got that note signed he said yes Moore has signed it for me and he handed me the note and he said give us some thing to drink I said no until Mr Mackie accepts the note he said very well send it to him the note if right enough or I should not have brought it to you

Hudson

P215

Was not with him at this time I said are you sure this I Moore’s signature he said yes I said will you witness it he replied yes give me the pen I did so and he made his mark as a witness to the note and he said now give me some drink I said I would not give him any liquor until Mr Mackie approved of the note I took it to Mr Mackie and he requested me to sent it to Mr Moore and I sent the note to Mr Moore by a man named White but fearing Pearce might attempt to get the note from White I sent my son George After White to get the note whilst they were away Pearce said has Mr Mackie accepted the note I said It is gone to Mr Moore he replied it was not Moore who signed

P216

The note it was a person as near to him as his shirt is to his skin, I asked him who it was that had signed the note he refused to tell me White and my son returned and said Moor had detained the note that it was a forgery and soon after I was sent for o the Polie Office where I saw the note and Mr Moore. Hudson did not receive any liquor or other consideration from me or any person on account of Mr Mackie for this note, I never saw Hudson from the time this note was delivered to me with the signature Jos Moore upon it until this morning I am quite sure he was not with Pearce or present when he Pearce delivered me the note with that signature upon it Pearce had a pot of Beer from

P217

Me before the note was signed but nothing after Hudson was nto present at that time nor did he partake of that pot of Beer.

Chas Bennett (signed)

P218

ISLAND OF VAN DIEMEN’S LAND

TO WIT

The examination of Mr William Mackie of Launceston in Van Diemen’s Land Inn keeper, taken upon oath before me, the seventh Day of September in the Year of our Lord One thousand eight hundred and thirty in the presence and hearing of Alexander Hudson, duly charged before me upon oath

Which said deponent on his oath, deposeth and saith as follows

I Keep the Cornwall Hotel in Launceston Charles Bennett keeps my Tap Room he is my hired servant and is engaged y the year I know the prisoner Alex Hudson he ran a small account with me and gave me his not of hand for three pounds for the payment of that account that note of hand was note paid on the twenty sixth of last August on the forenoon Hudson and a man who I understood was his partner in my Tap Room when Bennett told me that they Hudson and his partner had asked him

P219

To give them more credit and that they had offered to get a note of hand from Joseph Moore as security for their debt to the amount of six pounds if I would allow them to run an account with me to that amount I told Bennett I would accept Moore’s note of Hand for six pounds and when it was placed in my Hands to allow Hudson and his partner to draw property of him to the amount of three pounds which with the note I still held would make six pounds, shortly after this promissory note for six pounds was presented to me if was in the same state then as it is now, I observed that the witness had only made a mark to the note I asked who it was and was

P220

Told it was John Pearce I told Bennett to send the note to Mr Moore to ask if the note was correct and about two hours after I was sent for to the Police Office when Joseph Moore said there the signature Jos Moore to this promissory note was not his signature I am sure this is the same promissory note as was presented to me by Charles Bennett on the twenty sixth day of last August, Alexander Hudson was not present when it was given to me by Bennett but I heard Hudson say he would give me Joseph Moore’s note of hand for six pounds if I would trust him three pounds more than what he then owed me, and I told him I would do so if he could get a note of hand from Joseph Moore for that amount

P221

I only know one Joseph Moore and he is a Butcher residing in Launceston. If this promissory note purporintg to be that of Joseph Moore had been brought bak to me and I had been informed it was Moore’s note I should have deliverd the note I had previously reeived from Hudson to him holding Moore’s note for six pounds, I do not know if Hudson or his partner had any liquor or other property delivered to them in consequece of this note for six pounds.

W Mackie [signed]

P222

ISLAND OF VAN DIEMEN’S LAND

TO WIT

The examination of Joseph Moore of Launceston in Van Diemen’s Land Butcher taken upon oath before me, one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, the twenty sixth Day of August in the Year of our Lord One thousand eight hundred and thirty .

Which said deponent on his oath, deposeth and saith as follows

Alexander Hudson and John Pearce Labourers have been employed splitting and fencing for me during the last two months they have agreed to do a certain quantity of work for me which is not yet completed they have drawn more money and goods of me than the value of the work they have done and they are in my debt three pounds and upwards, between ten and eleven o clock this forenoon Alexander Hudson presented this paper to me, it is a promissory note for six pounds payable to Mr Mackie on demand purporting to be drawn by Joseph Moore and witnessed by John Pearce, when it was presented to me this morning by Hudson the signature of Joseph Moore nor

P223

The mark of John Pearce was upon it the word witness was upon it and it was in the same state if is not except that signature of Joseph Moore and John Pearce, Hudson asked me if I would sign this Bill, he said it would oblige him much and that he would work it out, I refused to sign it as he was in my debt the signature Joseph Moore is not my Signature neither did I authorize any person to draw or sign this Bill with my name of impower any person to draw any Bill payable to Mr Mackie in my name, the signature Jos Moore in this Bill is a forged signature and hath been

P224

Made with intent to defraud me of six pounds sterling I therefore pray that justice may be done

Joseph Moore (signed)

P225

Vn Diemen’s Land

To Wit

The affadavit of John Thompson of Launceston Watch House Keeper who saith, on Monday the thirtieth of August last, John Pearce was confined in the Watch House at Launceston on a charge of forgery, I had occasion to leave the watch house for a few minutes, I left John Pearce with other prisoners there, Constable Moore was in charge, on my return, I found that John Pearce had effected his escape – I have not since seen him..

JNo Thompson

Take before me at Launceston this 8^th September 1830

P226

Decided

Bennett vs Hudson and Pearce

Case of forgery

August 26^th 1830

Esqrs

P227

Van Diemen’s Land

To Wit

The examination of Mrs Agnes Thomson the wife of Mr Archibald Thomson of the Tamar who saith Mr Thomson left home about three o clock on last Sunday after noon the 10^th of Jany between eight and nine o clock that eveninig I was sitting alone in the Parlour there was no other person in the House but my baby when I heard the Dogs bark very much and I heard Mrs Lawson’s children screaming in the kitchen I went to the back door and saw a strange man standing in the yard near to the kitchen he had a double barreled Gun in His Hands he was about five feet six inches about twenty years of age and very stout made, fair hair, light blue eyes, pale faced, he wore corderoy trowsers and I think a frock coat I thought he was a native of the colony he desired me to go into the kitchen I did so and saw three of my husband’s men who were tied the stranger stood at the kitchen door with his Gun I asked him to let me go into the House for my child he said he could not and then I saw Samuel Britton the Bushranger come up to the kitchen door he had a double barreled Gun a rifle which was slung over his shoulder and a Dagger by his side

P228

I did not know him until he said hs name was Britton he said I should gointo the House for my child I went into the House he desird me to sit down into the parlour and immediately after John Bevan a bushranger cam in he told me his name was Bevan he was a very tall man he was armed with a double barreled Gun he asked for some wine and brandy I give him some Brandy he took it to the kitchen shilst he was out of he House I put Mr Thomson’s watch which was laying upon a chest of Drawers in the Cradle when he returned he said what a foolish woman you are I saw a watch here just now he compelled me to give it to him he searched the House and collected together the articles mentioned on this list the whole of which he took away. Britton and the stranger came frequently into the House the stranger assisted Bevan in packing up the articles I did not see either of the Robbers present their Guns at any of the persons about the House or hear either of them threaten to do any one a personal injury these remained in the house and about the Premises about four Hours I never saw the strange man before I did not hear him called by any name he appeared more lined?/tired? Than either of his companions. Bevan swore at him and told him to put down His Gun and fill a Bag with the sugar – I do not

P229

Recollect he called him by any particular name they took their plunder into an out house a work shop where they packed it up I did not see them go away I did not see Mr Thomsons Horse in their possession but it was missed from the stable that morning they took away two of Mr Thomson’s assigned servants who had not returned when I left the farm yesterday the 13^th instant at 2 o clock I had never seen either of the Robbers before their faces were not disguised I think I could swear to all three of their persons if I was t see them again.

Signed Agnes Thomson

Sworn before me at Launceston this 14^th of January 1830

Signed W Lyttleton

The further information on oath of Mrs Agnes Thomson who saith the information which I gave on the 14^th of January and which has now been read to me is true the man now present Thomas Ranes? Is the person I alluded to in that information as the strange man standing in the yard he is the first of the Robbers I saw, he assisted in packing up some Tea and Sugar in the House do not recollect if it was this man who took the Tea and Sugar out of the House he was armed with a double barreled Gun he stood as a sentinel at the Kitchen door with His Gun and kept Mr Thomson’s servants

[£100 for Rife? – in left margin]

p230

prisoner in the kitchen I did not see him tie any of the servants I did not see them tied he ordered me to go into the kitchen I did not see him take any other property in the House than the Tea and Sugar.

Signed Agnes Thomson

Sworn before me at Launceston the 25^th day of February 1830 and read to the deponent in the presence and hearing of Thomas Rares?

Signed W Lyttleton

The further information on oath of Mrs Agnes Thomson who saith this white collton shirt marked Archd Thomson No 3 is my Husbands roerty it is worth 4 hillings it had been stolen from my Husband’s premises

Signed Agnes Thomson

Sworn before me at Launceston the 10th day of March 1830 and read to the deponent in the presence and hearing of Thomas Rares?/Roses?

Signed W Lyttleton

The examination of William Fowler who saith I am an assigned servant to Mr Archibald Thomson and live at His Farm on the left bank of the Tamar. I live in a Hut fifty yards from my Master’s House seven or eight men live with me My Master left home on Sunday afternoon (16^th Jany) about half past 8 o clock that evening I was in my Hut with James Morgan, John Minion, William Hillman, Thomas Hall, William Hannah and Joseph Dawson they are all fellow servants except Hillman he is free we had four muskets in the Hut one of them I know was loaded I do not know if any of the other were loaded or not there were two rounds of ammunition in a pouch hanging on my musket I do not know what other ammunition there was in the Hut we had no Bayonets or pistols I had just come out of the bush where I had been out after my master’s sheep with Dawson and Hall the latter is an acting overseer we were all sitting by the fence I was getting my supper when John Bevan the Bushranger came into the Hut and up to the Bedroom Door facing the fire place he turned his back to the Bedroom door and pointed a fowling piece at us as we sat by the fire and said the first man who stirs I will blow his brains out go up into the corner, the Guns were at a corner of the partition against which Bevan stood we all went into the Corner near the fire place he said to me come here he did not call me by name one of his companions Britton tied my hands he had five men with him they were armed , one of them had two fowling pieces and several pistols that man was Britton I did not know the other Robber I might have seen him before, he was armed with a fowling piece, I had? Tied all our arms behind us – they asked if my Master was at home and how many men there were at the

P231

House, some body, I don’t know whom, told them my master had gone down the River and that Fagan? And another man were at the House. Bevan ordered me to go with Britton and the other Robber to the House where they bound Fagan? and George Lawson who is free and my master’s other Government man is called Yankey?

And marched us all up to the Men’s Hut and then marched the whole of the men they had so bound down to the kitchen which is quite close to the House made us sit down and tied our feet I am ? Britton stood over us as a sentinel, Bevan and the other man went into the House Bevan brought us some liquor from the House they kept us in the kitchen four or five hours I did not see what property they collected, I saw Bevan take two silver table spoons out of the kitchen cupboard and a copper tea kettle from the oven between two and three o clock in the morning Bevan brought a jar which contained about three gallons of liquid into the kitchen and said here my Lads here is something for you to drink when I am gone it was afterwards found to be vinegar. Bevan then untied James Fagan’s and Joseph Dawsons legs and took them out of the kitchen and said he should take them with him to bring back the horse and the muskets, and he then said to us well good bye my Lads and pulled to the Kitchen Door he first took George Lawson out of the kitchen

P232

And put him into the house with my mistress her mother and family. The bushrangers then went away a soon as they were gone me and Hall slipped our hands out and untied the rest I did not [know?] what they took away I do not know how many bundles they took I did not see any knapsacks I did not see the Horse Bevan took a saddle, bridle and a spur out of the kitchen I am informed that my master’s Horse and a great deal of property our of the house has been taken away Bevan did not threaten any person, I had never seen Bevan before or either of his companions, Minion, Hillman and John Blakely have lately been employed splitting on the back part of the farm, Blakely was down the River with my Master I am a shoemaker and always work as my trade in the hut yesterday morning being Sunday I went out for a walk with Hall and Joseph Dawson we went about four miles back in the bush to Mr Froggett’s shepherd’s Hut where we saw Mr Froggett’s two men. I did not see any body else during my walk except one of Mr Barnes shepherds who was at Froggett’s Hut.

Signed William Fowler

Taken before me at Launceston the 11^th January 1830

Signed W Lyttleton

P233

The further information on oath of William Fowler who saith the foregoing examination which has now been read to me is true I cannot say if this man Thomas Rares? Is one of the men who robbed my aster’s house he is about the height of one of the men his hair is of the same colour I did not take notice of his countenance This pair of leather half boots produced by Mr Hortle was made by men and were the property of my master several pair of half boots similar to these men were stolen from my master’s remises by Bevan and his two companions on the n ight mentioned in my former examination.

Signed William Fowler

Sworn before me at Launceston the 3^rd March 1830 and read to the deponent in the presence and hearing of Thomas Rares.

Signed Mr Lyttleton

The examination of Joseph Dawson who saith I am an assigned servant to Mr Archibald Thomson on last Sunday night was? A week John Bevan, Samuel Britton and a man whose name I do not know robbed my master’s House and took James Fagan and I with them to carry a part of their plunder – they took my Master’s horse they made me carry half a bag of sugar and some bacon we started in the middle of the night and went towards Lackey White’s farm along the River we went past Lackey whites, they took us upon a big Hill and Bevan

P234

Said he could see the Supply Mills I continued with them until sundown on Wednesday night and when I was upon the Big Hill Bevan shewed me the River and said I was about eight miles from the Supply Mills he told me to take the horse the saddle and bridle and return home he did not give me anything else belonging to my master he gave me no provisions I did not know the way home I travelled through the bush until I made Mr Dry’s stock hut at Piper’s Lagoon on Saturday night and went to Mr Ashborn’s on the next morning who took down in writing what had passed we did not see any person on our way or fall in with any Huts I could not learn the name of the man who was with Bevan and Britton I did not hear him called by any name he is a young man about 18 years of age he is think about five feet, light brown hair, grey eyes, he had cord trowsers and a blue jackets and Kangaroo cap, Bevan told Fagan to come back with me Fagan said he would not that he would not return to the place Mr Thomson’s farm any more he appeared very friendly with the Bushrangers he carried a pistol all the way, when he was going to part he pulled out the pistol from his pocket he said I was always kicking up rows with him and that he would shoot me Bevan said Fagan should not shoot me that he had brought me away and that he would

P235

Send me back again. Fagan swore at me a great deal and threatened me two or three times and said he would not go back with me he said he would follow the Bushrangers and carry their things for a month, I could see the river when I left them they steered farther into the Bush from the river when they sent me off. I got into a scrub and lost myself when I left them they had five or six pounds of flour a good deal of tea and sugar four double barrelled pieces two muskets I do not know how much ammunition they had no other horse than my master’s the stranger made me walk about twenty or thirty yards from the rest of the men during the greater part of the journey none of the party took any rest whilst I was with them we travelled all Monday and Tuesday night we stopped during the day to have refreshments we frequently found creeks of water I did not hear Bevan or either of his companions threaten any person.

Signed Joseph Dawson

His x mark

Taken before me at Launceston the 18^th day of Jany 1830

Signed W Lyttleton

The further examination on oath of Joseph Dawson who saith the examination which I gave on the 18^th January has bee read to me it is true this man Thomas Rares / Roses? Is one of the men who were with Bevan he was armed with a double barreled Gun and stood sentinel in the Yard

P236

Whilst I was in the kitchen with my legs tied this pair of Boots are like those served out to me by my master this man, Rare, led my Master’s horse part of the way in the Bush, I do not know that he carried any of the articles which were stolen from my master’s premises he carried a knapsack but I do not know what was in it

Signed Joseph Dawson

His x mark

Sworn before me at Launceston the 3^rd March 1830 and read to the Deponent in the presence and hearing of Thomas Rares

Signed W Lyttleton

The examination on oath of George Lawson who saith I am free and live with Mr Archibald Thomson I recollect his House being Robbed by John Bevan and two other men on a Saturday night about two month ago. I think this man Thomas Rares was one of the Robbers but I am not sure, one of the men was very like the prisoner he was armed with a double barreled piece I am sure one of the Robbers wore this blue jacket they called that Robber Britton none of my clothes were taken away I am sure this pair of leather boots were stolen from Mr Thomson that night. I know them by the shape the make and appearance of the leather they were made by one of Mr Thomson’s men.

Signed George Lawson

Swore before me at Launceston the tenth day of March 1830 and read to the Deponent in the presence and hearing of Thomas Rares

Signed W Lyttleton

[left margin: produced by Mr Horton {boots}]

p237

The examination on oath of Mr James Hortle of Norfolk Plains District Constable who saith on the eighteenth of last January Thomas Rares was brought to the Police Station at Norfolk Plains he had absconded from the service of Mr William Brumby about three weeks before that time he had received a Gun shot wound in his left arm, I searched him and tooked from his person this pair of leather half boots this bluecloth jacket this pair of white drill trowsers this striped waistcoat this white cotton shirt marked Archibald Thomsons no 3 and this cowland? Cotton handkerchief they are in the same state they were when I took them from him except being washed I marked them as soon as they were washed they were not of my possession until I brought them to the Police Office at Launceston where I saw them locked up in a chest and have this morning taken them from the same chest and in the same state as they were deposited there.

Signed James Hortle

Sworn before me at Launceston the 14^th May 1830 and read to the Deponent in the presence and hearing of Thomas Rares

Signed W Lyttleton

P238

Memo?

Thomas Rares was apprehended by Mr William Brumby who is now in Hobart Town

Thomas Rares saith I have nothing to say I have no witnesses to call

P239

Copies

14^th Jan 1830

Rex vs Thomas Rares

Burglary

Sent originals 17 May 1830

Tried at the June sessions 1830

[bushrangers – in pencil]

p240

The information of David Brodie of Launceston who deposeth and saith – as follows

This paper a placard produced I saw stuck up in the Public Streets of Launceston yesterday evening. It is signed “Henry Helps”

I have heard there are several copies of this placard, some of which I have seen myself.

David Brodie

The information on James Lewis Willis.

This placard signed Henry Helps, is the hand writing of the person whose name it bears, formerly a convict employed as a clerk in the Police Office.

Jas Louis Willis (signed)

Police Office

Launceston

2^nd October 1831

Henry Helps ordered to find sureties to be of good behaviour for the next six months

W Lyttleton

P241

12 October 1831

Henry Helps

Breach of the Peace

Decided

Chfron? 8/

Chfron 2/

10/

[poster – in pencil]

National Library of Australia Manuscript collection MS3251

box 2 – vol 3-1829-1833

ECHOES OF BUSHRANGING Days in Van Diemen’s Land BRADY, McCABE, PERRY, GEFFREYS and BRITTON 1834 to 1837

p242

10.363/12

Principal Superintendents Office

12^th July 1831

Memorandum

The Lieutenant Governor has ordered Samuel Monday [Mundy?/Munday?] /Almorah/ and Patrick Riley [Commodore Hays] now working in irons to be forwarded to Maria Island by the first opportunity to be employed as Sawyers at the Settlement.

Josiah Spode [signed]

A.Gunn

Superintd

House of Correction

P243

The information and complaint of George Hobler of Killafaddy 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 first day of February in the Year of our Lord One Thousand eight hundred and thirty which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):

On the evening of the thirty first of January /yesterday/ Mrs Hobler mentioned to me that our daughter Mary had complained to her that she did not like the Prisoner Wilson that he was a nasty fellow, and further told her mother that he came to her where she was swinging unbuttoned his trowsers and exposed his person indecently to her, taking out his “Diddle”, the child also stated that the Prisoner had done the same thing the day before.

This morning I took the child to the spot where she described this transaction to have taken place. She showed me where Wilson had stood

P244

On both occasions and she (the child) told me he had made water in her presence with his face towards her exposing his private parts and looking at her at the same time.

George Hobler (signed)

P245

The examination of MARY HOBLER 7 years old 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 1st Day of February in the Year of Our Lord One thousand eight hundred and thirty, in the presence and hearing of [blank]

Duly charged before me, upon Oath with

Having willfully indecently exposed his Person to the said Mary Hobler

Which said deponent on her oath deposeth and saith as follows

Yesterday the thirty first of January I was swinging on a swing when the Prisoner Thomas Wilso came to where I was and unbuttoned his trowsers standing with his face towards me, it was in the yard, when he unbuttoned his trowsers, he shewed me “his Diddle” and laughed at me making water at the time – I then went away to the front of the House, my little

P246

Brother went with me he never shewed me his Diddle before this time he came up within two or three paces of me when he made water. I told this to my mother at tea time about an hour afterwards.

Mary Hobler

Her X mark

P247

The prisoner Thomas Wilson in his defence states that he was making water against some Bank my back was turned to the child – I swear I never faced her at all.

Sentence: to receive one hundred lashes

N Donavan ? [signed]

W Lyttleton [signed]

P248

The information of

George Hobler and Mary Hobler re: Thomas Wilson

Indecently exposing

His person

Decided

[100 lashes – in pencil]

p249

COPY

Van Diemen’s Land

To Wit

Margin] Joseph Moore

Butcher

Free

£50

The information and complaint of Joseph Moore Butcher of Launceston in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemens Land and its Dependencies this twenty ninth day of January in the Year of our Lord One Thousand eight hundred and thirty one which said Informant on his oath aforesaid deposeth and saith as follow. Yesterday evening about eight o clock the twenty eighth of January I was sitting in my Parlour adjoining my shop in front of which a quantity of meat was hanging exposed to sale upon hooks, when I observed John Baptise the prisoner passing through the veranda where the meat was hanging

P250

I instantly got up to see who it was and on looking round I missed a fore quarter of lamb from one of the hooks I immediately followed the prisoner /who had made off/ and overtook him with the quarter of lamb in his hand holding it concealed under his arm, I asked him what he was doing with it, he said he merely took it off the hook to see if any one was watching the shop and that he intended to bring it back again, I took it from him and gave him in charge to a Constable who came up at the tie, this quarter of lamb is my property and the same I took from the prisoner it is worth two shilling and sixpence.

Sigd Joseph Moore

Sworne before me being first read in presence of the prisoner

Sigd W Lyttleton

P251

[Left margin – John Lawrence constable]

The examination of John Lawrence a constable 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 ninth day of January in the year of Our Lord One Thousand Eight Hundred and thirty one in the presence and hearing of John Baptise duly before me charged upon oath with stealing and feloniously carrying away one quarter of mutton or lamb the property of Joseph Moore of Launceston. Which said Deponent on his oath aforesaid Deposeth and Saith as follows yesterday evening the twenty eighth of January about eight o clock I was walking up the street towards where Joseph Moore lives when I saw his going after the prisoner I saw

P252

Hi take a quarter of mutton from under the Prisoner’s arm Moore asked me if I was a constable I said yes he then gave the prisoner in charge for having stolen a quarter of mutton – I believe this to be the same mutton that Moore took from the prisoner – The prisoner said he did not take it to steal but to see if Moore kept a sober steady shop and that he was going to take it back again for that he had plenty of provisions without stealing and more than he could make us of and that he had plenty of money and would pay for it – Moore refused to be paid for it saying her would not look over those kind of things – I then took him to the Watch House

Sigd John Lawrence

Taken before me the day and year first above written

Sigd WL

P253

COPY

Van Diemen’s Land

To Wit

The examination of James Robertson 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 is Dependencies the twenty ninth day of January in the year of our Lord one thousand eight hundred ad thirty one in the presence and hearing of John Baptise duly charged before me upon oath with stealing and feloniously carrying away one quarter of mutton or lamb the property of Joseph Moore of Launceston which said Deponent on his oath aforesaid Deposeth and Saith as follows –

On yesterday evening the twenty eighth of January about eight o clock I was passing by the end of the street where Joseph Moore lives when I saw Moore Overtake the prisoner John Baptise and take from him a quarter of lamb which

P254

He was carrying under his arm. Joseph Moore accused him of stealing it when the prisoner said he had taken it for fun or something to that effect and offered to pay for it when Moore said he would not look over it and would take him to the watch house, a constable coming up at the time Moore gave his in charge I then went away I think this quarter of mutton is the same I saw Moore take from the prisoner.

Sigd James Robertson

Taken before me the day and year first above written

Sigd WL

P255

Copy of information

In the Moore

Vs Baptise

Felong

Committed for trial before supreme court

Tried before the Court of Quarter sessions Joseph Hone and John Welsh Esq and a military jury

25^th June 1831

Guilty

Sentence 7 years

P256 [repeated on 271]

[March 1831 – in pencil]

The statement of John Thompson watch house keeper /late Veteran’s/ free who saith, the Monday night 21^st instant Robert Milcove? Ayton, assistant at the hospital

Came to the Watch House, where Francis Shawl/Shaws? The hospital messenger was confined by order of the Police Magistrate, He asked to see the prisoner, I told him he could not see him, nor could any other persons he then said Dr Spencer? Is like a man out of his mind. Jane Torr who was missing from the hospital was/with Dr Spencer all night he added Dr Spencer wrote me a note this evening saying “Ayton do what you can for me”, and I am come to try you as an old Soldier to do me the favour to let me see Frank, to make it all right. He told me he had burned the note, I then told him I would report the circumstance to the Police Magistrate, I would sooner suffer

P257

Death than that it should be known to Mr Lyttleton “for God’s sake” he repeated “don’t report it”.

Jane Torr has repeatedly told me when confined by the Police Magistrate in the watch house on bread and water, for being found absent all night from her? Master’s /Mr Gunn’s service/ that she had been all night with Dr Spencer the Colonial Assistant Surgeon

John Thompson

Taken by me and read over to the Deponent before affixing his signature

24^th March 1831

W Lyttleton

Fn [iv]

P258 [repeated on pp 270]

The statement of Benjamin Rodgers, constable, who saith as follows, on the Monday morning last at dawn of day /near half past five o clock/ whilst on duty I was passing near the hospital Gate when I saw Jane Torr, Mr Gunn’s assigned female servant, a patient ordered to be confined in the Hospital, coming towards the Gate, she had a handkerchief in her hand, containing a night cap – she had no bonnet or cap on her head, I asked her where she came from, she would not tell me, I told her she had been out all night the Hospital Gate was locked I observed I then went to the room? Where Mr Ayton slept but instead of finding the overseer I found Francis Shawl in Ayton’s bed , he was fast asleep, and I awoke him, I asked his how Mr Gunn’s servant came to be out all night, he then called me on

P259

One side/ he had got up and put on his trowsers/ and told me he had let her out by Dr Spencer’s Orders, I then told him to get the key, and let in the woman, I then went to Elliott, the Doctor’s mate, and asked him if he knew that Jane Torr had been out all night, he said he knew nothing of the matter, I told Francis Shawl he should report the matter, he said he could not help it, he had done no more than he was ordered to do by Dr Spencer, I then left the Hospital.

Benjamin Rodgers (signed)

Taken by me, and read over to Deponent before affixing his signature

W Lyttleton

24^th March 1831

p260 [repeated on p274]

131

The statement of Francis Shawl convict, who saith I am messenger to the Hospital on Sunday night, I went to bed in the Hospital about ten o clock Mr Ayton came after the patients were in Bed and locked me up, about five o clock the mat? (Monday) morning, Ayton came to my Bed and let me out, he told me to go into his pace, and to get into his bed, whilst he went out, which I did – I remained until about 6 o clock, when Ayton returned he made no remark, except that it was time to get up, at this tie Jane Torr was missing from her ward – She was brought in by Constable Rogers before six o clock, I told Rogers she was out the night before, I did not see her until brought in by constable Rogers, she

P261

Might have been out all night and I not know it, when Jane Torr was brought in by the constable she said she had slept all night in Dr Spencer’s House She shewed me a pound of silver which she said she got from Mr Scott . Ayton sleeps every night with the nurse Elizabeth Tinsal? Who is a convict, he used to sleep with Mary Temple also, who is now married to John Laverty. I have been frequently sent out to bring spirits to the Hospital there is scarcely a day passes without the women getting spirits in Hospital, if I don’t bring it others do, one night a Chinese came to the hospital with two others of his country man, one of them went into the women’s ward and after being there , he went to Ayton’s Room and Ayton then

P262

141

went away with them, Mr Ayton always locks me and the Wardsman up every night, Mr Ayton sometimes pays at cards with the women in their ward, and they sometimes drink together there.

Francis Shawl?

His x mark

Taken by me and read over to deponent before affixing his mark 24 March 1831

W Lyttleton

P263 fn [v]

151

The statement of William Clark convict, assigned to Mr Arundel Wright, who saith I have been assigned to Mr Wright about 12 months –

I have been in the practice of going to the hospital by my master’s orders to bring a convict woman named Mary Minshull To his House, I might have been there a dozen times – Mary Minshull has frequently been at Mr Master’s House whilst she was a patient in the Hospital – on one occasion she came in the day time my master was at the Cataract Superintending the Chain Gang she went there to him.

Sworn by me and read over to deponent 25 March 1831

Willim Clark (signed)

W Lyttleton (signed)

P264

Mary Minshull, convict, confined in the Hospital as a patient. The Reverend Dr Brown states that I saw Mary Minshull at various times walking down the streets, I know she was a patient in the hospital at the time. I asked why she was walking about the town when she was a patient in the hospital, he told me she had Dr Spencer’s permission to go and look for a place – I observed she could not be always looking for a place and asked if she was not a Prisoner? Ayton replied yes but she had the Doctor’s permission I considered I could not then interfere any further.

P265

24 March 1831

Information

Dr Spencer

P266

[Jan 1831 – in purple pencil]

In the complaint of David Williams District Constable Paterson’s Plains

Versus

John Short residing on the Complainer’s premises

The complainer humbly begs leave to trouble our worships with a short statement of facts connected with the present case and before doing so, he takes the liberty of mentioning that this Defendant was some time domiciled under Mr Donald Campbell but that gentleman was not agreeing with Mr Short’s principles, he swore the peave against Mr Campbell , who consequently turned him away – He next applied to Mr James Hill Jun or Dun Eden who feeling for Short gave him a residence at his Farm, but this he had soon reason to repent, as Short’s conduct became extremely annoying, and Mr Hill was under the necessity of putting him away from his premises – the Defendant next applied to the Complainant, who feeling for his distressed situation, took compassion on him, and upon the 9^th of September 1826, he Granted Short an acre of Ground adjoining his own house at an yearly rent of one shilling, but he had not long entered into possession, when the complainant had good reason to repent of having admitted such a character on his premises. Every thing was a fauet?, the complainant’s pigs and poultry became a nuisance to Mr Short, and nothing would satisfy him, but to have them shut up, or otherwise secured, so that they should not go at large as formerly – infact the complainant could neither do, no say anything to please the Defendant, who on the other hand was exerting every faculty to disturb and annoy the complainant and his family, which he exhibited by open warfare and latterly he entered a regular complaint to Mr Mulgrave the then Police Magistrate, against the complainant but that gentleman after hearing parties dismissed the complaint at same time admonishing Short and telling him that he must certainly be a very ungrateful man.

Short finding himself thus far baffled is all his attempts against the complainant, he next accuses him, his family and Domestics of stealing Blankets from his house at

P267

A time, he said, he was from home. The complainant being indignant at such an accusation, particularly when he always studies to avoid going near the defendant’s premises and prohibited in like manner all his domestics from such and he gave himself no unneasuresss? At this false and malicious manipulation as he particularly foresaw, that it was propagated with the sole view of irritating him to some breach of the peace? But Short however not contented with the complainiens peaceable demeanour in this affair, he applied to Mr Simpson Magistrate and swore the peace against the complainant and his family, who were thereby obliged to find security to keep the peace, but Mr Simpson then emphatically observed that ????? saw through the case, an that it evidently originated from private malice.

Not satisfied with all this, Short continued his? Accustomed uncivility towards the complainant ad his family by opprobious epithets, and aggravating gestures, for the evident purpose, and with the intent, of provoking the complainant with a Breach of Peace whereby he might forfeit his Bail Bond, and when he was in the act of putting a Fence adjoining the allotment occupied by Short he? Called out you bloody b—–r you shall not put your fence to join mine and actually pulled it down, the complainant being still unwilling to have any altercation with this troublesome individual being still under Bond to keep the Peace with him, he however was determined not to put up with such treatment longer and accordingly the complainant proceeded to Mr Mulgrave and complained of this last aggression , when that Gentleman advised him to go and put up his fence and that if Short annoyed him a second time to report the same to him and he would put a stop to Short’s further disturbance – Short it appeared had got notice of this, and the complainient got his fence completed without molestation.

Matters now remained tolerably quiet till within a month ago, when Short called on the Complainant and wished him to purchase a quantity of bark he had on hand for which he offered him 25/- as there were not nearly a load, the complainant filled his Cart with a quantity of bark

P268

He had of his own to make out a load, and Short accompanied the cart into Launceston – on returning however between 12 and 1 o clock of the day, and on the road towards Paterson’s Plains, Short again commenced his favourite spring? In abusing the Complainant and his wife who was also present, with scurrilous and opprobrious epithets, and by calling the complainant a Bloody b—-r and that he should make a miserable man of him yet &c

It is therefore in consequence of this last insufferable and wanton attack, the complainer has been impelled to prefer the present complaint to your worships, but before concluding it may be necessary to remark that since you were pleased to put Short under Bail on the 31^st ultimo, he came up towards the Complainien’s House and after venting his usual declamations against the complainer and all his family, he added you bloody b—-r I will fix you yet, and when he was desired to go home and not disturb the Complainant and his family, he continued his outrageous conduct till he arrived at his own house when he discharged two shots towards the Complainant’s House either out of a pistol or a Gun, at the same time using the most vehement excretions against the complainant and all his family – about the middle of the same night, Short fired another shot towards the Complainant’s Premises accompanied with a repetition of his former threatenings and these circumstances can be proved by 5 witnesses.

Upon the whole it is humbly submitted that a more outrageous, diabolical and troublesome individual will scarcely be found in Van D’s Land, and that the complainant’s wife and family are in danger of their lives by the individual, and as he humbly looks to your worships as the Guardians of the Public, for Protection, both as a private individual and a Public Officer, so the complainant humbly trusts you will inflict such exemplary punishment to put him under such restraint as will prevent a repetition of such glaring and illegal Breaches of the Law.

And as my Duty bounds The complt

Shell ever pray

David Williams (signed)

[D Williams – left margin]

p269

complaint of

David Williams

John Short

Jany 1831

10/- bond

8/ bond

2/6

£1.6.6

p270 March 1831 in purple pencil [repeated from pp 258]

/1/

Private

The statement of Benjamin Rogers, constable, who saith as follows, on the Monday morning last at dawn of day /near half past five o clock/ whilst on duty I was passing near the hospital Gate when I saw Jane Torr, Mr Gunn’s assigned female servant, a patient ordered to be confined in the Hospital, coming towards the Gate, she had a handkerchief in her hand, containing a night cap – she had no bonnet or cap on her head, I asked her where she came from, she would not tell me, I told her she had been out all night the Hospital Gate I observed was locked. I then went to the room where Mr Ayton slept but instead of finding the overseer I found Francis Shawl in Ayton’s bed , he was fast asleep, and I awoke him, I asked his how Mr Gunn’s servant came to be out all night,

P271

he then called me on one side/ he had got up and put on his trowsers/ and told me he had let her out by Dr Spencer’s Orders, I then told him to get the key, and let in the woman, I then went to Elliott, the Doctor’s mate, and asked him if he knew that Jane Torr had been out all night, he said he knew nothing of the matter, I told Francis Shawl he should report the matter, he said he could not help it, he had done no more than he was ordered to do by Dr Spencer, I then left the Hospital.

Benjamin Rogers (signed – original]

Taken by me, and read over to Deponent before affixing his signature

W Lyttleton

24^th March 1831

p272 [repeated on p256]

/2/

The statement of John Thompson watch house keeper /late Veteran’s/ free who saith, the Monday night 21^st instant Robert Milcove? Ayton, assistant at the hospital

P273

Police Magistrate, I would sooner suffer death than that it should be known to Mr Lyttleton “for God’s sake” he repeated “don’t report it”.

Jno Thompson

Taken by me and read over to the Deponent before affixing his signature

24^th March 1831

W Lyttleton

P274 [repeated from p260]

131

The statement of Francis Shawl convict, who deposeth and saith as follows – I am messenger to the Hospital on Sunday night, I went to bed in the Hospital about ten o clock Mr Ayton came after the patients were in Bed and locked me up, about five o clock the mat? (Monday) morning, Ayton came to my Bed and let me out, he told me to go into his pace, and to get into his bed, whilst he went out, which I did – I remained until about 6 o clock, when Ayton returned he made no remark, except that it was time to get up, at this time Jane Torr was missing from her ward – She was brought in by Constable Rogers before six

P275

o clock, I told Rogers she was out the night before, I did not see her until brought in by constable Rogers, she might have been out all night and I not know it, when Jane Torr was brought in by the constable she said she had slept all night in Dr Spencer’s House She shewed me a pound of silver which she said she got from Mr Scott . Ayton sleeps every night with the nurse Elizabeth Tinsal? Who is a convict, he used to sleep with Mary Temple also, who is now married to John Laverty. I have been frequently sent out to bring spirits to the Hospital there is scarcely a day passes without the women getting spirits in Hospital, if I don’t bring it others do, one night a Chinese came to the hospital with two others

p276

of his country man, one of them went into the women’s ward and after being there , he went to Ayton’s Room and Ayton then went away with them, Mr Ayton always locks me and the Wardsman up every night, Mr Ayton sometimes pays at cards with the women in their ward, and they sometimes drink together there.

Francis Shawl?

His x mark

Taken by me and read over to deponent before affixing his mark 24 March 1831

W Lyttleton

[red ink]

John Laverty

Mary Temple

memo

the Revd Dr Brown has state to me, that the Husband of this woman complained to him, that his wife had slept with Ayton the night previous to her marriage in the Hospital, and assigned this as a reason for his refusing to marry her after being asked in church.

W Lyttleton

25 March 31

p277

/5/

Eliza Jones being sworn states I have been a patient in the Hospital for about a fortnight on Tuesday last overseer Ayton was asked by me for leave to go out for sell? An hour? – Ayton told me I might go for two hours, I accordingly went away, and I got intoxicated I was taken up by order of the Police Magistrate about half a mile from the Town and returned? Back to the Hospital a man named Gould heard Ayton give me leave to be absent from the hospital.

Eliza Jones

Her x mark

Taken before me this 12 March 1831.

W Lyttleton

P278 [see p264 for more evidence by Dr Brown in this case]

/5/

Statement of the Reverend Dr Browne LLD who deposeth and saith as follows

I have seen Mary Minshull a female convict confined in the Hospital, at various times walking about the streets in the Town – she was then a patient in the Hospital. I asked Ayton who is in charge. Why Mary Minshull was allowed to walk about the town when she was a patient in the hospital?, he replied she had Dr Spencer’s permission to do so, and that she was looking for a place. I observed shed could not always be searching for a place, and asked if she was not a prisoner Ayton replied, yes, but she had the Doctors permission – I then considered I ould not interfere any further.

Taken before me in the presence of Revd D Browne

14 March 1831

p279

Statement relative to Hospital &c

Launceston

Private

No.1

[in pencil:

Benjamin Rogers

John Thompson

Francis Shawl

Eliza Jones

D Kirwan

P280

Present

W Kenworthy

GS Davis esq

Long Meadow 31^st July 1833

296	Joseph Holton?	Martins	7 years
1033	Francis Macklin	Georgiana	7 years
485	James Arnold	Elizabeth	7 years
895	William Mitchell	Larkins	7
–	John Can	Georgiana	life
718	John Williams	Earl St Vincent	life
560	Wr Johnston	Lord Lyndock	7
1172 [x in grey pencil]	Thos Case	John	Life
1399 [x in grey pencil]	Thomas Challin	Longland?	Life – Col secty
5/850	James Hanaway	Malibu/City of Edinburgh	7 yrs/life
630 [Boy – 75 = in pencil]	Andrew Hading?	Serjrainer???	life
1281	John Ward	Larkins	14 years
60	John Yales	Lady Harwood	Life
281	Jeremiah Gram?	Royal George	7
1613	Joseph Bainstow	Strathfieldsay	Life
963	Samuel Warns?	Thomas	Life
827	WM Robinson	L Wm Bentinck	7 years
452	Thos Taylor	York 1	Life
296	John Jones	Woodman	Life

P281

32	Wm Vaughan	Carl H Vincent	14 years
363	Wm Allington	W? Charles Forbes	14
810	James Clark	Asia 2	7 extd 3
1256	John Watson	Highegh??	7
563	Henry Perkins	Thomas	Life
1000	John Coper/Cooper	Surry	7 yrs 14
356	Wm Jones	Mw Miles	Life
1545	George Board?	Highegh??	Life
Acct?	John Jolly	York	Life
131	George Osborne	Elizabeth	Life
	John Carins/crews	Ellen Mar???ner	12 months Launceston
	Wm Harwood?	Manlius 2	Gave 7 years
977	Joseph Massam	Cath E Stewart Forbes	14 years

Ms 3251 NLA vol 1829-1833

[Long Meadow 31^st July 1833]

Insubordination

W Nottman being sworn states I am supt of the Road Party at the Long Meadows – This morning it was reported to me by the overseers and constables that the men confined in the Gaol refused to go to their work – I went there immediately and

P282

When the door was opened I asked them twice what was their reason for not going to work but no one made any reply.

M Nottman (signed)

James Barfoot being sworn saith I am overseer of the Gang employed at the Long Meadow when I went to turn the man out this morning that were confined in gaol to their work I found them lying and sitting down on desiring them to turn out – several men from the farther end of the gaol cried out no – and none of them offered to move – I made a second attempt in about ten minutes with no better affect and then reported it to NW Nottman – One man named Clark said no we had played up with them they would play up with us.

James Barfoot

James Davies being sworn states I am a constable stationed at the Long Meadows – this morning the overseer – James Barfoot sent a man to me to say that they men confined in the gaol refused to go

P283

Out to their work – I went down to the gaol and enquired the reason why they refused to go to their work – but no one made any reply nor did any one offer to move – they have not been at work all day.

James Davies

His x mark

Defence – the Prisoners have nothing to say

Sentence – one hundred lashes each and James Clark one hundred and fifty

Wm Kenworthy (signed)

JC? Davies (signed)

Entd JKC ?

P284

31 July 1833

Information

Prisoners in the Road

Party

See Extract this date

P285 May 1833 in purple pencil

Island of Van Diemen’s Land

To Wit

Distress warrant

To Mr Thomas Newton District Chief Constable of the said Island and to all petty Constables an others whom it may concern

WHEREAS John Adams Publican of Launceston in the said island was on the third day of Mary 1833 in Launceston in the said island, duly convicted, before one William Lyttleton Esquire William Kenworthy and GS Davies Esquires three of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, upon an information in that behalf duly exhibited before me

For that he the said john Adams did on Sunday the 14^th day of April last on his Licenced Premises knowingly permit and suffer persons to remain tippling and drinking they not being bona fide travelers or inmates of the said house

Contrary to the Provisions of the Act in Council of this Island, No: 2 entitles “An Act for regulating the sale of wine and of Beer, Rum and other malts and spirituous Liquors by Retail and promoting good order in Public Houses”.

By which said Offence and by Virtue of the said Act, he the said

John Adams

P286

Became liable to pay the Penalty or Sum of Ten Shillings besides the Costs and Charges of the said conviction, which Costs and Charges were on the said Third day of May ascertained and assessed at the Sum of five shillings and six pence the said Penalty or Sum of Ten shillings to go and be distributed as in and by the said Deed? Is provided

And it appearing to me the said Justice, that the said, John Adams, hath neglected to pay the aid several sums, or either of them, or any part thereof, and that the same still remains unpaid, I do therefore hereby authorize and require you the said Constables, either of your jointly or severally to forthwith make distress of the goods and Chattels of him the said

John Adams

And if within the space of five days next after such Distress by you taken the said Penalty r Sum of Ten Shillings and also the Costs and charges of the said Conviction shall not be paid, that then you do cause the said Goods and Chattels by you seized to be appraised and sold rendering the overplus (if any), to him the said John Adams after deducting the said Penalty or Sum of Ten Shillings and coast and charges as aforesaid, as well also the Costs and Charges and all incidental expenses of the said Distress and Sale and which said Penalty or Sum of Ten Shillings you are to pay to me the said Justice to go and be distributed, as is herein- before mentioned, and if sufficient distress cannot be had or found whereupon to levy the said Penalty or Sum of Ten Shillings and Cost and Charges as aforesaid, you are hereby required to certify the same to me, together with the return of this precept.

Herein not fail.

GIVEN under my Hand and Seal, at Launceston this 14^th Day of May One thousand eight Hundred and thirty three

W Lyttleton

P287

John Adams appears and Pleads Guilty to the annexed information

Fined ten shillings and costs

W Lyttleton

W Kenworthy

GS Davies

Police Office

Launceston

3^rd May 1833

p288

INFORMATION ACT NO. 2

ISLAND OF VAN DIEMEN’S LAND

TO WIT

BE IN REMEMBERED, that on the twenty seventh day of April in the Year of our Lord One thousand eight hundred and thirty three at Launceston in the said Island of Van Diemen’s land, cometh

John Keenahan In his own proper person before me

William Lyttleton Esquire

one of His Majesty’s Justices of the Peace for the said Island and its Dependencies

And giveth me the said Justice to understand and be informed that

John Adams of Launceston

In Van Diemen’s Land aforesaid, licenced Publican on Sunday the fourteenth

Day of April instant did in his licenced Public House situate in Launceston aforesaid, being the sign of “The Barley Sheaf”

Knowingly permit and suffer

Persons to remain tippling and drinking they not being bona fide travelers nor inmates of the said House

Against the Conditions of his the said John Adams

, Recognizance in that behalf entered into, and against the Form of the Act in Council of this Island, no.2, intituled “An Act for regulating the Sale of Wine, and of Beer, Rum, and other Malt and spirituous Liquors by Retail, and promoting good Order in Public Houses”, by which said Offence, the said

John Adams

Hath become liable to forfeit and pay the penalty of Ten Pounds whereupon the aid

John Keenahan prays that the said

John Adams may be summoned to appear and answer to this information, and make his defence thereto.

Exhibited and taken the Day and Year first above written, before me,

W Lyttleton (Signed)

John Keenahan (signed)

P289

3^rd May 1833

Keenahan vs Adams

Publican

Breach of his recognizance

Fined Ten shillings

??? 4/6

c?? 1/

5/6

??????????

ch? 8/?

T?? 5/

13/00

p290 March 1833 – in blue pencil

Van Diemen’s Land

To Wit

The information and complaint of James Fenton who deposeth and saith as follows

On Saturday afternoon the 23^rd instant I was in my house in Wellington Street Launceston, when between four and five o clock, John Connolly came into my house, and asked me what was the cause of the dispute between his wife and me, I told him what had occurred, and the treatment I had received from her, he was leaving my house when he turned round and said “you bloody monkey what have you to do with the pig” and struck me on the face with his fist, he challenged me to fight, but I refused I swear that I am I bodily fear that he will further abuse me and I pray that justice may be done.

James Fenton (signed)

Sworn before me this 25 March 1833

W Lyttleton (signed)

P291

Van Diemen’s Land

To Wit

The information and complaint of James Fenton who deposeth and saith as follows

I am a Gunsmith and reside in Launceston. On Saturday morning the 23^rd instant a servant man of Mrs? Connolly came to my house and asked the price of a suckling pig, I told him eight shillings : – in the afternoon he returned and offered me six shillings stating I owed Mrs Connolly two shillings, I denied that I owed her any thing. After this Mrs Connolly herself came and asked me what I meant by the message sent by her servant I said there was nothing improper in the message I sent, for that I did not owe her two shillings and therefore would not pay her. She then said that she would have it out of me and taking up a handful of stones she threw them at me, and this

P292

Cut on my head was made by one of them. She then went home, I am much hurt by the stone she threw at me and am afraid she will do me some serious bodily harm and pray that justice may be done.

Sowrn before me this 25 March 1833

James Fenton (signed)

W Lyttleton (signed)

John Connelly Pleads not guilty

Thomas Tomkinson sworn saith – on Saturday the 23^rd of March instant I was at James Fenton’s house there was a dispute between James Fenton and John Connelly and Mrs Connelly I did not see any blows

P293

Pass – as soon as Connelly came I went away.

I heard some words but I did not hear what they were

Thomas Tomkinson

His x mark

Thomas Tompkinson realled states

I saw Fenton’s head bleeding before Connelly came

John Smith sworn saith I am a prisoner employed in the Post Department.

On the 23^rd of March instant I was at John Connelly’s Public House Mrs Connelly went me to James Fenton’s for a Pig, I went and offered him six shillings for the pig

P294

And two shillings which Mrs Connelly said Fenton owed her he replied making use of horrible language that she should not have the Pig – I returned and told Mrs Connelly the message I had received – Mrs Connelly said she would ask Fenton what he meant by sending such a message

John Smith (signed)

Jeremiah Donohoo (?Donoghue) sworn saith I am a prisoner employed in the Government Works on the 23^rd March instant I was at james Fenton’s house Mrs Connelly came up and asked Fenton what sort of a message that was to send to her – Fenton took up a piece of Dirt

P295

And threw it at Mrs Connelly and called her a B____y whore. I told him to stop he threw another piece of dirt and knocked Mrs Connelly’s cap off as she was running away – I did not see Mrs Connelly throw any thing at Fenton.

Jeremiah Donohoo

His x mark (did sign this ‘x’)

William Brighton

Sworn saith on the 23^rd instant I heard some loud conversation take place between Mrs Connelly and James Fenton. Fenton called

P296

Mrs Connelly a B____y Whore and Sow. I saw Mrs Connelly’s cap and comb fly off from soething I believe thrown at her by Fenton. Mrs Connelly threw womthing at Fenton.

Wm Brighton (signed)

Charge Dismissed

Police Office Launceston

29^th March 1833

Theodore Bartley

GS Davies

Matthew Curling Friend fn[vi]

(all signed)

p297

29^th March 1833

Fenton vs

Jno Connelly and Catherine Connelly

Assault

Dismissed

Cw £1.3.

c/? £ -.5.-

£ 1:8:-

p298

Clarence Pl ??? 1^st Nov 1833

Sir,

I beg leave to acquaint you that the undermentioned prisoners have been brought before me viz:

Oct 1833

-7 Benjamin Hudson no. [blank] pr Circassian 7 years assigned to the Revd Robert Gibbs of Clarence Plains

Charged by his overseer? Robert Hancock with insufferable insolence to him on Friday and Saturday last and likewise by his mistress with gross insolence to her yesterday morning.

Sentenced to received twenty lashes

-12 Thomas Alexander No. [blank] pr Surry? 2^nd sentence? Assigned to John McRa of Restdown?

Sentenced to receive twenty five lashes for gross prevarication in his evidence to me this day upon oath in a case of Trespass.

-16 Samuel Dean no [blank] pr Sir Chas Forbes 2d Seven yrs assigned assigned to Thomas Free of Clarence Plains.

Charged by his master with maliciously malsing? (bashing?) and assaulting a man, his property and with being grossly insolent to himself.

Sentenced to received twenty lashes.

To William J? Parramore Esq

Police Magistrate

Richmond

over

P299

1833

October

-17 Thomas Harris No [blank] pr Proteus seven years assigned to John Gibson of Clarence Plains Charged with insolence to him. Admonished.

-19 George Harwood No787 Asia 2 fourteen years assigned to Daniel Manfield Clarence Plains. Charged by his master with returning drunk last night from town when in charge of some valuable property and with thus? Committing a most violent and outrageous assault H? Balling, upon him. Also by constable? Robinson with escaping from his custody when taking him to the watch house in a cart.

Sentenced to be imprisoned and kept to hard labour for twelve months and afterwards to be sent to the other side of the island.

-19Robert Fox no 306 pr Andromeda sentence Life assigned to Daniel Stanfield Clarence Plains Charged by his master with disobedience of orders in refusing to come to his assistance when assaulted and beaten by George Harwood and with afterwards using threatening language to him.-

Sentenced to receive fifty lashes and afterwards to be assigned into some other district.

Over/

P300

1833

October 13, 2009

21 Thomas Smith pr Lolus? Sentence seven years

Thomas Pickering no [blank] pr Elizabeth seven years

Assigned to John Morrisby Clarence Plains. Charged by Constable Robinson with being absent from their master’s place, without a pass, on Friday night last, and with having Guns in their possession – dismissed having had their master’s permission.

31 – Geo Scott no [blank] pr Clyde – sentenced life – assigned to the Rev Robert Gibbs Clarence Plains. Charged by his overseer Robert Hancock? With being extremely insolent and abusive to him yesterday morning. Sentenced to be kept to hard labour for two months.

I have the honor to remain

Sir

Your most obed

LR? Dawson JP (signed)

Sent?

J Geo? Mc Neilly PC (signed)

P301

? October 1833

SR Dawson Esq

Magistrate Returns

P302

Police Office Launceston

10^th May 1833

Thomas Kelly Appears to the annexed information and pleads not guilty

Thomas Seddon sworn saith, I am a constable at Launceston, on the night of the 18^th of last month about nine o clock I was in company with the chief constable on duty. He went to the Public House called the sign of the Elephant and Castle . I saw a prisoner of the crown named Ann Bennett there she was standing up in a Dance with many others. I was ordered by Mr Newton? To take Ann Bennett out of the House as it was after hours.

Fined ten shillings & costs

GS Davies

Matthew Curling Friend

(signed)

p303

INFORMATION ACT NO. 2

ISLAND OF VAN DIEMEN’S LAND

TO WIT

BE IN REMEMBERED, that on the sixth day of May in the Year of our Lord One thousand eight hundred and thirty three at Launceston in the said Island of Van Diemen’s land, cometh

THOMAS NEWTON In his own proper person before me

William Lyttleton Esquire

one of His Majesty’s Justices of the Peace for the said Island and its Dependencies

And giveth me the said Justice to understand and be informed that

THOMAS KELLY of Launceston

In Van Diemen’s Land aforesaid, licenced Publican on Sunday the EIGHTEENTH

Day of April NOW LAST PAST instant did in his licenced Public House situate in Launceston aforesaid, being the sign of “The ELEPHANT AND CASTLE”

Knowingly permit and suffer

Ann Bennett a prisoner of the crown to remain after the hour of night she not being a bona fide traveler nor an inmate of the said house.

Against the Conditions of his the said THOMAS KELLY

THOMAS KELLY

Hath become liable to forfeit and pay the penalty of Ten Pounds whereupon the said

THOMAS NEWTON prays that the said

THOMAS KELLY may be summoned to appear and answer to this information, and make his defence thereto.

Exhibited and taken the Day and Year first above written, before me,

W Lyttleton (Signed)

Thos Newton (signed)

P304

10^th May 1833

Newton vs Kelly

Publican

Breaking Act of Council no 2

Fined Ten shillings

Ck 5/6

Con 1/

6/6

[elephant and castle – in pencil]

p305

Vane Diemen’s Land

To Wit

Matthew Curling Friend – in left margin

The information and complaint of Matthew Curling Friend Esquire who being sworn deposeth and saith – On the morning of Wednesday the twenty fourth day of April instant, I was sleeping in a room of the House occupied by William Lyttleton Esquire in Launceston – About five o clock I was awoke by my wife who stated that someone was in the room – I then heard a noise and immediately called out “who is there?” receiving no reply I threatened to shoot the person if they did not speak – I heard a rustling in the room, and receiving no answer I sprang out of the bed and perceived by the little light which shone in at the window a man who appeared to be trying to conceal himself between the bed and the wall – I immediately seized him and called for assistance, Mr Lyttleton directly came to my assistance armed with a Blunderbuss, and with his

P306

His aid and that of a constable we secured the man and found it was the prisoner now at the Bar named Francis Wright who is Clerk to me as Port Officer – I missed nothing from the room, but there was property consisting of trinkets of considerable value lying on the table – the prisoner was close to the table, he offered but little resistance, he was unarmed and talked incoherently when questioned.

Sworn before me this 24^th day of April 1833

TL? GS Davies (signed)

[sgd] Mat Curling Friend

p307

Van Diemen’s Land

To Wit

The information of Mrs Mary Ann Friend who deposeth and saith – On Wednesday morning the twenty fourth of April instant I was in bed in a room in Mr Lyttleton’s House I had been asleep – between four and five o clock I was awoke by hearing a noise in the adjoining room like some one moving about I at first thought it was only fancy – presently I again heard a noise like a door opening – the room has two doors, one was bolted on the inside the other merely latched – I had closed the door that was bolted myself previous to my retiring to bed, hearing the noise continue like some one grasping about the room I aroused Captain Friend who jumped up and seized a man at the foot of the bed – I got up and found the door as left latched just open

P308

I ran out = it was quite dark and some time before daylight.

On going to bed I had placed on the dressing table a watch and jewels of considerable value, but I do not miss anything whatever.

I ran out of the room leaving Mr Friend with the man and called Mr Lyttleton to assist – I did not return to the room until after the man was taken away.

Sgd Mary Ann Friend

Sworn before me this 26^th of April 1833

T GS Davies

P309

Van Diemen’s Land

To Wit

The information of Wiliam Lyttleton Esquire who being sworn saith On Wednesday morning last the twenty fourth of April instant about five o clock before daylight, it was perfectly dark, I was asleep and aroused by Mrs Friend calling for assistance saying that some one was murdering he husband. I took a loaded blunderbuss and proceeded to the room occupied by Mr and Mrs Friend. Mr Friend then told me he had seized a man and requested me to call a constable – I told him I had a Blunderbuss loaded with Buck Shot and that if the man attempted to escape I would blow him to atoms – I then called for the constable on duty – Constable Rogers came, I told him there was a man in Captain Friend’s room, and to go and secure him – Rogers went in and shortly after

P310

Brought out the prisoner /Francis Wright/ accompanied by Captain Friend who stated that he was his clerk. I ordered him to be taken to the Watch House until morning about 2 o clock in the morning before I went to bed I had been to my stable – the prisoner could not have followed me in to the best of my belief. – On obtaining a light I proceeded to Mr Friend’s room, and on a table I saw a valuable necklace and other articles of jewelry which Mrs Friend had worn that evening. The prisoner talked about an our afterwards when I saw him in the Watch House in a most incoherent manner and said he had been driven into the house by a bullock.

SC? W Lyttleton (signed)

Sworn before me this 26^th April 18333

Sd GS Davies

P311

Van Diemen’s Land

To Wit

[left margin – Benjamin Rogers constable]

The information of Benjamin Rogers who deposeth and saith I am a constable at Launceston on the morning of Wednesday last the twenty fourth of April instant I was on duty at the Police Magistrate’s House – a little after five o clock I heard the clock strike about a quarter of an hour before I heard a noise in the house I went round to the back door, but could not get in, the door I allude to is the kitchen door not the house door not being able to get in I went round again to the front the door was opened – Mrs Friend called me I ran in Mrs Friend told me that Mr Friend had got some one in the bed room – I ran into the bed room, it was quite dark

P312

I felt about the room and found Mr Friend holding a man, I took hold of him and both together we took him out of the house – the day was just dawning – it was the prisoner present – Francis Wright . I took him to the Watch House with the assistance of another constable – on the way he told us that he had followed Mr Lyttleton into the house – he talked incoherently.

S Benjamin Rogers

Sworn before me this 26^th April

S GS Davies

P313

Van Diemen’s Land

To Wit

[left margin:

John Brown Free

£50:0:0]

The information of John Brown who deposeth and saith I am a Baker, and reside at the corner of Saint John and Cimitiere Street Launceston. The office of the Port Office joins my house – the Prisoner Francis Wright I know, he is Clerk to the Port Officer. On the night of the twenty third of April instant about half past eight o clock not quite so much, he came to my house got a light and went away, about eleven o clock I was in Bed and was disturbed by a noise. I heard the prisoner running from the front door to the back and talking to himself – I heard his voice – this continued all night – about half past four o clock on Wednesday morning the 24^th April I heard him on the top of the shingles

P314

Of the skilling of my house, I called to him, his reply was “If bullocks were chasing you as they are me you would be glad to get into my place out of the way” these were his words as hear as I can repeat them – shortly after this he left which I think must have been about half past four o clock.

Sgd John Brown

Sworn before me this 26^th day of April 1833

Sgd GS Davies

P315

The prisoner Francis Wright states he has nothing more to say than that he was in a state of intoxication.

Before me this 26^th April 1833

Sgd GS Davies

P316

26 April 1833

copy

Rex vs Francis Wright

Burglary

Supreme Court

[Captain Friend ???? – in pencil]

p317

Island of Van Diemen’s Land

To Wit

The information and complaint of Anthony Cottrell who saith as follows:

I am Chief Constable at Launceston. Last week I was informed that the following articles which had been stolen by the bushrangers Ward & others were in the house or on the premises of James Hilley?/Hissey?/Kissey? and John Summer situate on the east bank of the River Tamar.

These are as follows: viz three large silver spoons, one silver fish slice, one silver ladle?, several shirts, handkerchiefs, stockings& waistcoats,one corduroy jacket and several other articles, this property was stolen part from Captain Kneale? Of George Town and part from Capt Stuart’s? Overseer? On the Tamar, from the above information I have

P318

Reason to believe that part of the whole of the said property is in the houses or on the premises of the said James Hilley?/Hissey?/Kissey? and John Summer and assign??? For a warrant to search the premises.

Anthy Cottrell ch:col (signed)

Sworn before me this 19^th Feby 34

Wm Kenworthy

P319

19^th feby 1834

intv Anthony Cottrell

Search warrant

Not found

No fees

END OF VOL

1 Comment

Posted in 1

ms 3251 1826 box 2 vol 2

Posted on October 24, 2009 | 2 comments

Echoes of Bushranging Days in Van Diemens Land: Brady, McCabe, Perry, Geffreys and Britton
1826
Manuscript 3251. box 2 – vol 2 1826. Collection of the National Library of Australia.

TRANSCRIPT:

inside cover erased name:

L ______ s

Launceston

1926

who had these Volumes and had bound them pre Ferguson’s 1930 acquisition from Ridge’s antique shop in Launceston?

The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith four or five days before I was apprehended by Mr Leith’s servants Barrett and Spong I was near Clayton’s old Hut about a mile from Saltmarsh’s Hut at the back of Norfolk Plains between eleven and twelve o clock in the forenoon when I was hailed by a strange man who asked me who I was, he had a double barrelled Piece in his hand and immediately he spoke to me I jumped behind a tree and said I am a stock keeper he replied ground your arms, I had a musket in my hand but no pistol I said I am a Bushranger and if you do not ground your arms I will blow your brains out, he did not ground his arms, I fired at him he returned my fire, I loaded again and fired at him a second time and he immediately fell, I reloaded my musket and went to him, he was lying on his back he wore a straw hat, green cloth trowsers, a checked shirt, and ankle shoes, he had a strip of a black silk handkerchief round his hat, he had neither powder not shot

about him, he had no jacket waistcoat or neck handkerchief he had only one pocket in his trowser there was nothing in it but some pieces of waste papers, when I fired at him my Gun was loaded with two Balls I wounded him in the Belly, he was taller and stouter than Mr McKinnon, his hair was about the colour of Mr Sinclairs he had whiskers about the same colour as his hair they were not very large – the place where I shot him was about four hundred yards from the Bridge over the creek between Clayton’s Old Run and Mr Archer’s Run and below the Bridge, I dragged his body ten or twelve yards towards the creek where there was near a cart load of old dead wood which I threw upon the man I had shot and set fire to it he had a black and white Dog and a red and white one with him, I coaxed these dogs to me they were little cur dogs I tied a stone round the neck of each of them and drowned them in the creek near the fire which was close to the creek I stopped a few minutes until the fire was well lighted, I took nothing from his person, but burnt his straw hat with the rest of his clothes and the Body I should have taken his shoes

but they were too small for me, there was some high bladed grass where I made the fire, I examined the man’s double barrelled Gun both Barrells were unloaded I tied some brown paper round the lock with an old black silk Handkerchief and hid the Gun in an hollow fallen tree that laid about fifty yards from the Creek and three hundred yards above the Bridge on the same side as Clayton’s Hut; about an hour and a half after I had shot the Man I went to Saltmarsh’s Hut there was nobody there but a woman and child, I told her I wanted sugar and ammunition she said she could not give me any I must take it, I took about a quarter of a pound of Tea, three or four pounds of sugar and half a pound of Gunpowder, I ate some bread and butter and drank some tea and smoked my pipe in the Hut where I remained about an hour, there was no man in the Hut whilst I was there, I formerly lived with Mr Thomas Whyte of Norfolk Plains. I did not tell the woman I had lived with dandy Whyte, I slept in the forest that night about five miles from the Hut the next night about fourteen miles from the place near the Penny Royal

Creek the following night I slept near James Hortle’s Hut, the next night at the Western River about three miles above Mr Leith’s remained there all that day and the next night and was taken about nine o clock the following morning by Spong and Barrett and was taken by them to Launceston and lodged in Gaol.

I never saw William Haywood until I saw him in Launceston Gaol.

[nothing further on this page – go to p146 for another copy of this statement]

The examination of Robert Peet who saith, I am a convict and assigned to Mr Wedge the Deputy Surveyor on Tuesday night the 15^th of March his tent was pitched near Arthur’s Lake, I was returning towards it with Mr Wedge about sundown, Mr Wedge was about twenty yards before me, two men came up to him from the tent, one of them, who I have since learned was named Brady had a double Barrelled Gun in his Hand, and two pistols in a Belt round his body, one of them was Mr Wedge’s, it was in the tent when I left it in the morning, the other man /called McCabe/ had a musket in his hand which also was in the tent that morning, he had likewise a double barrelled pistol in a strap round his body; he took Mr Wedge’s watch out of his pocket, Mr Wedge asked him for the seal, which he said was a keepsake, McCabe then said your

Brother is a good man, and returned the watch to him, Brady then tied my hands behind me, George King a servant of Mr Wedge’s was in a smaller tent near Mr Wedge’s tent, he called to me to untie his hands, mc Cabe said “you bloody rogue I will blow your head off if you do not be quiet” there? were two Guns broke and lying at the back of Mr Wedge’s tent, Brady said after stopping about half an hour that I must go with them and carry their knapsack; Brady told me to look at a star and travel in that direction, after we had gone a short distance from Mr Wedge’s, Brady took me in a different path up a steep hill where they found a knapsack containing tea and sugar, there was also a musket and a rifle, there were two shirts, an iron pot, and some pannikins, all Mr Wedge’s, in the knapsack, there was a Bag of flour upon the top of the knapsack, Brady had on a pair of Drab Reneignance? Trowsers and a black silk

handkerchief Mr Wedge’s property. MCabe had a Black cloth jacket, a pair of kerseymere trowsers a spotted waistcoat a black silk handkerchief and a black silk handkerchief also Mr Wedge’s these things the men had upon their persons when they went up to Mr Wedge; they would not let me see the place from whence they fetched the knapsack, they said there was a quantity of Mr Wedge’s clothes planted in the place from whence they brought it and its contents, Brady had a spyglass which I saw the next morning, all the articles I have mentioned were in Mr Wedge’s tent on Tuesday morning when I left it, they took one dog from the tent which went away from them the same night, they stopped that night within a mile of the tent they made me sleep between them, on Wednesday morning they set off at daylight, making me carry the knapsack, Brady carried the flour and hid the musket and rifle near

where we slept (they said they had a quantity of Captain Clark’s and Captain Lackets? property hid in a Marsh close to Arthur’s Lakes) they steered the whole of that day by the sun, and did not top till dark, when they made a fire by a creek near a stock yard which I believe is Captain Ritchie’s, towards night we came through a long plain, they said they had a Horse in the Bottom of it, which they stole from Mr Kemp; on Thursday they travelled about ten miles, and stopped at three o clock in the afternoon, the next night we got to a large river which we forded, and stopped near it till Saturday morning, that night we came to another Large River, we slept on its Bank, and crossed it the next morning, it rained on Sunday, and they did not travel more than three or four miles, we saw several men at a distance they travelled about fifteen miles on Monday and stopped by a creek on Tuesday we went about six miles, on Wednesday about nine miles

on Thursday about ten miles, that night we saw the sea to the northwards, from a high hill, on Friday we got upon a hill from whence we saw George Town, on Saturday morning we came to a large arm of a River, where we saw a Hut and some Guns? close to it, up to this time they had travelled in a Northerly direction they there altered their course passed the Hut and went along the River same distance from its Banks, they said that they were looking out for the FAME in which they meant to go to Macquarie Harbour and get ten? men whom they knew, we got to Mr Gildas’s about four o clock that afternoon, Mr Gildas and his man were shearing sheep in the sheep yard a man named Capper Crofts was the first we fell in with, Brady tied his hands behind him, then went up to the sheep yard, called out Mr Gildas’s servant and tied his hands, he then called to

p10

Mr Gildas, who said he would not be hid, Brady presented and cocked his piece, Mr Gildas then submitted to him his hands tied behind him; Mr Gildas said it was a great shame they should rob poor people, he had been robbed enough; they ordered Mr Gildas and the other two men into the House, untied his servants hands, and obliged him to get some dinner cooked; it was fried pork, tea and damper; half an hour after Brady untied Capper’s hands, and in about two hours I observed that Mr Gildas’s hands were swelling, I told Brady it was a shame to keep them tied, he said silence! or I will tie your hands, three quarters of an hour afterwards, Brady ordered me to untie Mr Gildas’s hands (Brady had a Gould watch in his pocket which he said he took from Captain Lacket) about ten o clock that night

p11

Capper went to bed in a loft over the Room where we were, Mr Gildas and his man went and slept in a place part from where we were, we were in the skilling and slept on the floor near the fire, Brady and McCabe made me sleep between them as usual, neither of them kept watch that night, the next morning we breakfasted there, Mr Gildas did not breakfast with us; about two o clock that day Brady said he saw a Boat coming down the River, he looked at it with Mr Wedge’s spyglass, he then took the knapsack made me take the bag of flour and with McCabe went up the hill at the back of the House and stopped about 70 yards from it, I saw two soldiers get out of the Boat, there were nine men in the Boat, they remained there three or four hours, during which time Capper and Mr Gildas’s Government man Dan, who said he

p12

was a shipmate of Brady’s came to us twice called Brady on one side each time, and whispered to him, I overheard Capper on one of the things tell Brady that there were two soldiers, Serjeant Kerwin and a private, and a Constable in the Boat, that the FAME would come down the River on Monday with a woman named Emma in it, on Saturday Brady found Gildas’s fowling piece and took the cask (Cap?/cork?) off it , and put it in a tea cup, this Gun and the cork were left in Gildas’s House when we went up the Hill on Sunday to avoid the Soldiers; after the soldiers had gone away, McCabe and Brady proposed going back to Gildas’s. Capper and Dan who came to tell us the soldiers were gone, said that they would be seen, and get them into trouble, Brady and I then made a fire, we remained there until eleven o clock the next morning, Capper and Dan came to us about sunrise, they went kangaroo hunting, and brought us

p13

one, which we cooked with some pork that Brady took from Gildas, McCabe took an Iron Pot away with him, Capper ate some of the Kangaroo, Brady did not order Gildas’s man to fetch his a kangaroo, neither did McCabe; we got to Bushman’s hut about sundown on Monday night, there were two men at the door, these men went into the Hut, Mc Cabe pushed against the door of the Hut, which was put to, with his piece, cocked it and said he would fire it they did not open it, it was then opened, John Basham and another man named Joseph Hands/Hindes? were in it, Brady ordered them to get some supper ready, they cooked some mutton, and made some tea, we all slept in the hut that night, McCabe and Brady laid with their feet against the door, we remained there all day on Tuesday, and Wednesday, on Thursday morning soon after day light some one knocked at the Hut door, Brady and McCabe were then lying on the ground with their feet against the door, I was in bed

p14

with Basham and Hindes, when I heard the knock at the door some one outside said “Who is here, John Basham?” either Brady or Basham replied “Nobody but ourselves” Hindes immediately jumped against the door and said for God’s sake let me get out, I cried out I am a pressed man. (fn[i] )

Brady and McCabe were standing with their piece pointed to the door, Hindes got out of the door; as Hindes was going out of the door a person outside fired into the Hut. Basham and I got out of the Hut, as soon as I got out of the Hut I saw three soldiers one of them named John Butts ran after John Basham and wounded him with his bayonet, another soldier named Samuel Brooks? cried out that is John Basham, Butts said “Oh dear I am sorry” McCabe had fired at that time, only two shot had thin? McCabe fired about a minute afterwards. I ran up to the corporal and told him I was a pressed man. He and Brooks attempted to fire their pieces into the Hut three or four times, they missed fire, one of the soldiers bash? in the window of the Hut fastenings to fire into the Hut, his piece snapped, the Corporal presented and snapped his piece at me twice before

p15

I could get up to him; after Butts had wounded Basham the soldiers got behind trees in the rear of the House, McCabe then came out of the House and fired two or three times at the soldiers, Butts fired once at McCabe from behind a tree; Brady was not then out of the hut, the soldiers were about fifteen yards from the Hut, after McCabe had fired three of four times Brady came out of the Hut and with McCabe ran into the Bush in front of the Hut, the soldiers then went down to the edge of the Bush, but did not pursue the Bushrangers farther, it did not rain at this time, the soldiers did not have their bayonets fixed, the Corporal then desired me to give him the things that belonged to the Bushrangers, I gave him the knapsack containing some ammunition, some tea, sugar, flour, and an iron pot and two pistols one of them silver mounted which belongs to Mr Wedge the other I found under the bed clothes belonged to Mr Basham, I found the pistols inside the Hut hear the door along with a bundle of Ball cartridges, the soldiers got Mr Bashan’s Boat

p16

I helped John Basham into it and with Hindes accompanied the soldiers to George Town. From the time we left the Lake until we arrived at Gildas’s we did not fall in with a single person, we subsisted the whole of the time upon flour mixed with fat and Baked on flat stones we had plenty of tea and sugar. I am sure the soldiers could not have seen McCabe or Brady when they fired into Mr Basham’s hut. I did not see Mr Gildas after we left his house on Sunday

Robert X Peet

his mark

Taken before me at Launceston the first day of April 1825

PA Mulgrave JP

p17

George Seals, bring sworn saith I am an acting corporal in the third Regiment of Foot, I went to Bashams Hut on the River Tamar last Thursday morning between seven and eight o clock with two Privates of my Regiment. John Butts and Samuel Brooks in search of Bushrangers pursuant to orders received from Captain Lockyer, Butts knocked at the door of the hut, and said “John is there anybody here beside yourself” someone with said “no”, the door was then opened ajar by some one inside, and Joseph Hindes ran out, and said for God’s sake do not shoot me I am a stockkeeper, a shot was then fired from the inside of the hut, into the hut, Butts immediately fired John Basham immediately ran out of the Hut and Butts ran after him and stabbed his with his bayonet, which was fixed (we fixed our bayonets immediately Hindes ran out of the Hut), Brooks called out Butts that is Johnny Basham

p18

Butts replied is it I am sorry for it I did not know him, I broke the window of the Hut with my Bayonet and saw a man inside who I attempted to fire at, my musket missed fire, Samuel Brooks attempted to fire several time into the Hut, his musket missed fire, immediately after John Basham came out of the hut Robert Peet followed him, I snapped my musket at him, he said I am a pressed man, Butts went after him, I called him back. Butts then looked into the Hut and attempted to fire through the hold in the Hut his Gun missed fire, he cocked his piece again and fired it through the Hole, three shots had been fired from the Hut at this time, finding that neither my piece not Brooks could be fired, I took my party behind some trees at the back of the Hut, I did not know how many men there were in the

p19

Hut; a man came out of the Hut presented his piece at Butts and retreated into the Hut without firing; he and another man then came out, and ran into the forest in front of the Hut, Brooks and I had put our locks to rights, and I had just finished loading our muskets when the men ran into the scrub, I took my party to the edge of the scrub but could not see anything of the Bushrangers, I did not think it worthwhile to pursue them, I got Basham’s wound dressed in the best way I could and took him to George Town with Peet and Hindes; before we left the Hut, Peet gave the party two pistols, one of them silver mounted which he said belonged to his Master Mr Wedge, the other was a small arm which he said belonged to Mr Basham as well as a musket

p20

Peet also gave me a knapsack containing two bags, two pieces of pork, a towel, some remains a small quantity of tea and sugar, two rounds of ammunition and a kangaroo rug all of which he said had been brought with the Bushrangers he said the kangaroo bag was his own

George X Seals

his mark

[Xenophon Herne BASHAM – The Family Research of Monique Jones

Xenophon Herne BASHAM was born in 1772. He was christened on 22 Feb 1774 in Bartlow, Cambridge, England. He was buried in Sep 1827 in Georgetown, Tasmania] aged 55.

p21

Joseph Hindes being sworn saith I was free on the first of March and reside on the farm of Xenophon Basham, on Monday night about sunset his son John Basham was with me in his Hut I saw three men coming towards it one of them had a double barrelled Gun and two single barrelled pistols in a Belt the other had a musket and a double barrelled pistol the other man had a knapsack I did not see that he had any arms the man who had the double barrelled Gun pushed the door open with it and said to me you are a bloody soldier I said I was not he said if I had been a soldier he would have blown my brains out, the other man took a Gun from Basham ordered me to get some water, he went with me, they obliged me to cook some mutton and make them some tea, the man who had the knapsack said he was a pressed man and had been taken from the Western Mountains; one of the other men inquired after the Government Boat Fame

p22

and said he would stop there till he saw her, that he wanted some Flour, they remained at the hut till Thursday morning, whenever John Basham or I went out of the Hut one of them armed men accompanied us; they obliged us to give them some of Mr Basham’s mutton; the man named Peet gave no orders, on each night they stopped at the hut the two armed men obliged me Basham and Peet to sleep in a bed, they laid with their feet against the door and their arms by their sides as well as a musket belonging to Mr Basham there was only one Door to the Hut, between six and seven o clock on Thursday morning, before any of us were up, some one knocked at the door and said is anyone here Basham said “who is there?” one of the armed men said to him hold you noise or I will blow your brains out and put a pistol to his head. The armed me were busy

p23

preparing their arms, I opened the door and slipped out, exclaiming let me get out of this for God’s sake spare my life I am Mr Basham’s stock keeper; there was a soldier at the door with his musket presented he pushed it against the door, and attempted to fire at one of the armed me his piece missed fire, another soldier then fired into the Hut, I do not know if Basham was out of the Hut at this time; a shot was then fired from the hut, I saw two of the soldiers attempting to fire their pieces at the Hut they missed fire. Basham came out of the Hut, one of the soldiers wounded him with his Bayonet, Basham then cried out “I am Basham” the soldier said I thought you were one of the Bushrangers I am very sorry; Peet was alongside of Basham when he was wounded the soldier who wounded Basham is named Butts, Peet and I carried Basham to the Stock yard about twenty yards from the Hut and one of the soldiers beat

p24

in the window of the Hut and attempted to fire into it, I believe his piece misfired; the soldiers then went to some trees about thirty yards behind the Hut, one of the Bushrangers came our of the Hut; and fired three of four shots towards the tree; I am not sure if the soldiers fired any shorts from the trees – The Bushrangers ran into a scrub in front of the House; the soldiers then came to the edge of the scrub and stopped. I am sure ten minutes must have lapsed between the time that I hear the knocking of the door and the time when the soldiers left the front of the hut, they repeatedly tried to fire their pieces into the Hut but they only snapped I am not certain that the soldiers fired more than one shot, I do not know if the soldiers had their Bayonets fixed when they went from the front of the Hut, I believe they had, I never saw any Bushrangers at Basham’s hut before. The Bushrangers only left one Pistol behind them that they brought there one of those given to the soldiers by Peet belonged to Mr Basham

Joseph X Hindes

his mark

p25

Cornwall

Van Diemen’s Land

To Wit

The information of Thomas Watson holing a Ticket of Leave, who being sworn saith I live near Mr Henry Clayton’s Hut, to the westward of the large Lagoon, at the back of Norfolk Plains. About ten o clock last Tuesday morning I was in company with John Cains/Cairns between my house and William Fields Stock Hut when we met seven armed men, three of them on Horseback there was one unarmed man whit them the armed men ordered me to stand and a man they called Goodwin took my Musket from me they then said they wanted to go to the supply River and that I must conduct them there, I told them I did not know where it was one of them said I must take them there or I should take nobody else there we stopped that night about five miles above Field’s Hut on the Penny Royal Creek they kept no guard during the night the Horses were laden with a keg of rum some Flour Tobacco Tea and Sugar and a small bag of onions, the next day we had got upon Mr Dry’s Run when they desired me to shew them the way to Leith’s, they said they would hang him and his woman up to dry and they asked if Mr Compton was

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at Quamby’s, I told them he was not, and persuaded them not to go to Leith’s, about three o clock that day we fell in with a Flock of Cattle bye the side of the Western Creek, Brady and Bryan rode down a Heifer which Bird killed and a hind quarter was divided and put upon two of the Horses we stopped that night on the west side of the Western River near Mrs Smith’s Hut, at a place called Michael Howes Marsh, we did not see any of her people, the next day /Thursday/ I told them I could not guide them any farther and they then steered by Compton’s to the northwards and went about ten miles through a thick scrubby and Hilly country, we stopped that night and the whole of the next day and night near a creek which ran to thee Southward and eastward we arrived at that place about three o’ clock on Thursday and after unloading the Horses a man called Brady took Cairns the man who was unarmed when I met Brady, and who says his name is Thomas Reid and the three Horses some distance from the party and returned with the two men without the Horses the next day about eleven o clock, Brady said he had taken the Horses so far into a thick scrub and over so much broken

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Timber that he could not get them back again, but was obliged to return by the path he made in going into it on Saturday morning they divided the luggage into ten parcels and each of the party carried one they steered towards the northwest until they fell in with a stream which ran nearly North and continued along it until three or four o’clock in the afternoon. About seven o’clock on Sunday morning the party continued their passage along the Bank of the river until they came in sight of some new Buildings Brady first perceived these Buildings and ordered Cairns and I to have our hands tied behind us and went towards the Buildings with one of his companions called Murphy and Thomas Reid, they returned in about two hours when Brady said that he saw through his Glass that the Buildings belonged to the Mill on the Supply River and that he would go higher up the river to Gildas’s where he had been before, we arrived at Gildas’s about three o’clock that afternoon James Gildas was the only person then there. Brady and three of his comrades made three of four oars that afternoon for a Whaleboat that was lying at highwater.

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mark. Brady and four or his companions slept with Cairns Reid and I that night in the Straw Yard two of the Bushrangers and Gildas slept elsewhere on Monday morning they removed the whaleboat to Gildas’s wharf and kept her afloat the whole of the day the Bushrangers said with the intentions of intercepting the Commandant’s Boat which they had heard was to pass from George Town to Launceston that day with the Commandant that they intended to shoot him, cut off his Bloody Head and throw his overboard, this conversation passed amongst themselves, a man called Bird said the most about what they would do to the Commandant Gildas Cairns and I remonstrated with them and endeavoured to persuade them from their purpose of killing the commandant, until two or three of the Bushrangers especially Bird threatened to run the Bayonet into us, they said they wished they could get to Launceston, that they would blind and cross? Mulgrave, and serve out old Dry, Brady seemed fully determined on coming into Launceston and purposed going to Mr Dry’s first and then to the police Office and wanted me to shew them the way over the cataract which he said I must do

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if they failed in taking the Brig Glory which they said was coming down the River. All the time we were at Gildas’s he was in charge of one of the Bushrangers called Goodwin, between seven and eight o clock last night, I said to Gildas “will you fetch the meat for supper”, he said “yes”, and immediately left the room where he and I were sitting in company with Murphy and Godwin, about five minutes afterwards brady came into the Room and said to Goodwin “where is the old man” Goodwin replied “he is just goen out” five or the Bushrangers then went in search of Gildas and returned in about ten minutes and said they could not find him, about half an hour afterwards a Boat was heard coming up the River Brady ordered Reid, Cairns and I to be taken to the river side where our hands and feet were tied by his comrades, who with Brady kneeled down upon on knee close to the River side, with their muskets presented whilst they were in this position a Boat with four or five men besides Mr Thomas Whyte ran in immediately abreast of the Bushrangers and about the centre of them; the bushrangers said as the Boat touched the shore “Lay down lay down every one of you lay down or we will shoot you, is the commandant here which

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is the commandant?” some one in the boat said, “the commandant is not here” one of the Persons in the Boat wore a white Hat, Bird said “this is the Commandant, we have got you”, and knocked that person down with the But end of his Piece, that Person I afterwards heard called Captain Smith, when he was down he said “I am not the Commandant” “do not illuse me” the Bushrangers then ordered th persons in the boat to go to the House accompanied by some of them whilst the rest untied the legs of Reid Cairns and myself, and also marched us into the house; when Brady looed very hard at Mr Thomas Whyte and said, “Oh Mr Whyte we have got you at last, many a time you have chased us but we have caught you now”, Whyte said he had never done them any harm and that he hoped they would not take his life. All the Bushrangers continued to threatened and abuse Whyte for several minutes because he had chased them, Whyte said he was a Kings Officer and was obliged to do his Duty; similar conversation continued several minutes, when Goodwin who was standing sentinel at the door ordered every one to be silent and not speak a word; Whyte some time afterwards ordered the men who came with him in the Boat that were talking to be silent, when one o9f the Bushrangers said “yes and we will silence you

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by and by” the door of the House was then opened and Brady enquired if any Prisoner had come in the Boat with Whyte, one man said he had been made a Prisoner by Whyte in the Straits, he was ordered out of the House and Brady said to him now you are free, go which was you like, the man replied there is nothing against me I do not want to go, Brady said “well do as you like” he then ordered Cairns, Reid, and I to go out of the House, and our hands to be untied, he then told us to go into another room where there were two of three of the Bushrangers and get our suppers, whilst we were eating one of those Bushrangers said “the Glory is gone past, and we have missed our liberty on account of that old Bugger running away”, another replied “it is all right still, we can have her yet”, the other answered “we cannot do it, Boats will be from Launceston before we can get her out of the Heads”, others of the Bushrangers then came into the Room, one of them proposed to shoot Mr Whyte, others to crop his ears, and others to make his go down to the Glory, hail her, go on board, and navigated her for them, some of the Bushrangers

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then said they would not take the Glory on account of Parties, when Brady said, “oh damn it we will take the Boat belonging to the Duke of York out of the Heads and you Cairns must go with us and pilot her” Cairns said he never Piloted a Boat in his life, Brady said he should go, and ordered Reid and I to take the luggage down to the Boat, we did so and retuned to the door of the House, Brady called Mr Smith out and asked him what property he had got in the Boat, Mr Smith said a suit of Black clothes in a canvas bag, Brady then went with me to the Boar and made me take the bag to Mr Smith, who said part of the things in it belonged to Mr Whyte /this was in answer to an inquiry from Brady/ who ordered him to take his own clothing out of the Bag, which he did, and Brady put the remainder into the boat; a long consultation took place amongst the Bushrangers during which it was said that Hilton and another convict were on board the Glory sentenced to Norfolk Island, and Brady recommended that they should be liberated, he then desired the other Bushrangers

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to got out and determine what they should do, they went out, and in about five minutes two of them came back and told Brady that they, the Bushrangers, wished to go on board the Brig Glory, and go down in her if she were attacked, I then asked Brady to let me go, he appeared perplexed, and said I do not know what to do, went out of the Room where we were, returned again, and called me and Reid out of the Room and told us he would let us go, Bryan one of the Bushrangers came up to Brady, and said “What shall we do with this Whyte, let us shoot the Bugger” I begged they would not commit any murder whilst I was with them, when Bird proposed to cut off Whyte’s ears, I said he has a wife and three children, when Brady answered “well we will not cut off his ears, there is no surgeon here, he will bleed to death, I will give him a reprimand, come Watson and Reid, go in here with him”, and then put us into the room with Whyte and his crew. Brady then told Whyte that they had first proposed to shoot him, then not to take his life but cut off his ears, and afterwards to let him go on account of his family, and added “I do not think you are

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worthy to die yet, I will let you live a little longer and I hope I shall hear a better character of you”. Brady then gave a musket to one of the persons who came with Whyte after pouring water into the barrel, and taking out the flint, and said “I desire you will remain here all night, there is a sheet redy killed, which you may eat, and if any questions are asked about it say Brady gave it to you, Mr Smith there is a good Bed for you, good night Boys” and then shut the door and went away with all his party, about ten minutes or a quarter of an hour afterwards, I went our at the door and saw a Boatfull of men about sixty yards from the landing place, going obliquely down the River; I soon after went down to the landing place, Mr Whytes Boat was gone and a Government Boat that was lying there which had arrived soon after Mr Whyte came there, and whale crew where made Prisoners, whilst Mr Whytes crew Reid, Cairn and I were confined, and were put into the Room with us that Boat was stove and lying high and dry, the Tide was three parts out when Brady and his party left Gildas’s.

The Bushrangers kept no sentinel whilst they were in the Bush generally lighted their fires so soon as they stopped

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on an afternoon, and lessened the quantity of fire before they went to sleep, the names I heard the bushrangers called by were Brady, Bird, Murphy, a boy called Edward, John Tilly, Patrick Bryan and Goodwin who is sometimes called Simpson, they were all well dressed and each armed with a soldiers musket and bayonet, Brady had a double barrelled Pistol and the other Bushrangers had some one and some two Pistols, Bryan had a three barrelled brass Pistol, I believe they had about two hundred rounds of Ball cartridges when they left Mr Gildas’s besides a large quantity of loose powder and shot, a bag full of Tea, about eighty pounds of sugar, but not more than sis or seven pounds of Biscuit no flour, and no meat except one sheep, which they took from Gildas, also a bag of onions and some peaches; they had a kangaroo bitch, I am not certain if there were any sails in the Boat.

One of the Horses was a dark brown coloured horse, another a bay mare, and the third a black mare, which the Bushrangers said they had taken with another mare from Mr Lawrence’s; the Bushrangers asked me what sort of a man Mr Lawrence was, I said I had never heard anything against him, they said that they had been informed that his overseer and

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some of his men had been after them, that the overseer had come up to Mr Laurence’s House whilst they were there, that they had fired at him but were not sure whether they had killed him or not, that they had burnt Mr Lawrence’s House and wheat on account of this overseer and men going after them, and taken away his horses, that if Mr Lawrence bore a good character they were sorry for him, and hoped he would get a better overseer.

I found this pistol marked /Scudamore & co/ after the bushrangers had gone from Mr Gildas’s by the side of a Bag containing some sugar near where they had piled their arms; they did not appear to place more confidence in Reid than in Cairns or I, they took Cairns away with them from Gildas’s he was not a sailor. I had no jacket on when the Bushrangers took me prisoner, they gave me this jacket the same evening, and said they had got it from Mr Young.

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which they lost a man, and that they parted only a few days before they went to Mr Lawrences. I frequently heard them mention their Farm, and that when they were there altogether they used to run races with their horses, after the Bushrangers left Mr Gildas’s, Mr Smith and some of the sailors left the House as they said the repair the Government Boat, returned in about half an hour, had some tea and awoke Mr Whyte; who was asleep, and everyone left the House.

I saw no mutton salted at Gildas’s. After Goodwin had taken my musket from me the Party allowed me to hide it and my ammunition, I know where to find them.

I saw Gildas’s Boat that the Bushrangers made the oars for on the Sunday lying high and dry on the wharf, after they had

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left in Mr Whyte’s Boat

/signed/ Thomas Watson

Sworn before me at Launceston this twenty eighth day of February 1826

[unsigned]

The further information of Thomas Watson who saith the Rum that the Bushrangers had with them was drank in the first three days after I had fell in with them, Murphy had charge of a bundle of plate amongst which I saw about twenty silver spoons and four or five silver cups with handles. When we were at Gildas’s the Bushrangers took a watch from Mr Whyte and one from Captain Smith they returned Smiths watch back but kept Mr Whytes.

Whilst Brad? Cairns and Reid were absent from the party on Friday morning Murphy took me up a Hill about three miles from the Party from which we saw Mount Direction and the River Tamar, we were absent about two hours.

The Bushrangers had a double barrelled Gun with them when they were at Gildas’s.

/signed/ Thomas Watson

Taken before me at Launceston this second day of March 1826

[unsigned]

p39

Watson and others

Brady and others

February 1826

p40

Cornwall

Van Diemen’s Land

To Wit

The information of Thomas Mc Court called by Michael Riley who being sworn saith. I know Michael Riley I was thrashing with him the whole of Saturday the fourth day of march until after sundown he passed the rest of the evening at my House and slept there that night

Thomas X Mc Court

his mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP

The information of Humphrey Blunt who being sworn saith I reside at the House of Thomas Mc Court and was there the whole of Saturday the fourth instant Michael Riley was there the whole of that day thrashing with Patrick Dogherty Thomas Mc Court was about the House but was not thrashing on that day, I am sure Michael Riley was not absent from the Premises of mc Court at any time on that day or in the evening, I have lived at mc Court’s house ever since I have not seen any stranger there except the Bushrangers and that was on Sunday the 5^th instant there were seven of them

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all armed they enquired for George Hacking this was about eleven o clock in the forenoon we had mutton for dinner that day there was no boiled beef in the house – I was confined to the Premises by lameness and am sure that both Dogherty and Riley worked there the whole of Saturday. I could hear the noise of two flails all day.

Humphrey X Blunt

his mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP [signed]

The information of Eleanor Mr Court who being sworn saith I am the wife of Thomas McCourt and reside with my husband at a place called the Cocked Hat Hill last Saturday fortnight Michel Riley was employed in thrashing along with my husband the whole of that day he was not off the Premises at any time on that day, seven Bushrangers came to my Husband’s house the next day about eleven o clock and desired a servant of Mr Quins to shew them the way to Mr Develin’s, I have not seen either of the Bushrangers since.

Eleanor X McCourt

her mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP [signed]

p42 Jan 1826 in blue pencil

Cornwall

Van Diemen’s Land

To Wit

The information of Mr Mark Wilson who being sworn saith, I was chief constable at George Town in the month of March last, I know James Gildas, he was a District Constable on the left bank of the Tamar, I had had many communications with his before last March on the Public Service, on the last Sunday in March I was at his House on my way from Laundeston Sergeant Kirwan was the only other passenger in the Boat, Seargeant Kirwin had a fowling piece I did not see any other arms in the boat, I do not know what time we arrived at Mr Gildas’s, we stopped there two or three hours, I walked round the House and by the Sheep yard, I saw no sheep near the House nor near the seep yard, which is close to the House, I did not go into Mr Gildas’s own apartments, he appeared much duller than usual, in general he was very talkative, but on this day he said very little to me and seemed low spirited; I said to him I wondered the bushrangers did not pay him a visit, he made me no answer,

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I am certain Gildas did not tell me that the Bushrangers had been at his House the night before, or give me the least intimation of it, I do not know exactly the time that I left Mr Gildas’s House that afternoon, the usual time taken to pull such a Boat as I was then in from Mr Gildas’s to George Town was five hours, the men pulled very hard, we arrived at George Town a little after eight o clock, I know John Croft, I did not see him at Gildas’s that day, Daniel Cummings Gildas’s assigned servant was there during part of the time I was there, I missed his from the premises during part of the time I was there: I know Robert Peet, in the middle of the following week I was standing on the wharf at George Town, Peet was standing at the bottom of the steps that led from the wharf to the water, he turned round and looked at me, immediately come up the steps and said to me, I know you, I saw you last Sunday, I said, How do you know you saw me, he replied

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I will give you a description of your dress you had on a dark Big Coat and a Glazed hat, you took your Coat off and laid it upon the Singles of the Skilling as soon as you got up to the House, He continued, Brady and McCabe were with me, did not you see me go at the back of the House with a knapsack at my back just as you landed? I said I did not, he said it was Brady and McCabes intention to have fired into the Boat, but they perceived some person with a red jacket on, which made them think it was a party; he further said that Gildas’s hands had been tied just before we landed; he then left me, after I had cautioned him not to mention what had passed at Gildas’s until he went before MR Mulgrave, I never saw Peet before, I saw him that day at George Town, I have often observed that Gildas’s was very familiar with his man Cummings, I have seen him eat at the same table with him, and seen Mr Gildas put away the dinner things, whilst Cummings was sitting

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idle. I was not at Mr Gildas’s House on Saturday as well as on last Sunday in March

Mark X Wilson

his mark

[no witness, not signed]

The further examination of Robert Peet who being sworn saith I was at Mr Gildads’s House on the Tamar on a Saturday night the latter end of last March, with Brady and McCabe about ten o clock they both told Mr Gildas that he and Cummings might go to bed, they went out of the Room where Brady McCabe Croft and I were, into a little Haule a very short distance from it, I do not know if the door or the room where Gildas and his man slept was fastened outside or not, I saw Brady go out of the skilling twice during that night, I do not believe he went our often/after? Brady by dawn lay down with a pair of white trowsers on, Mc Cabe took off both his Jacket and trowsers, I know Mr Wilson, he was called Chief Constable sat George Town, I saw him in a Boat at

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Gildas’s on the Sunday when I was there with Mc Cabe and Brady, I saw him get out of the Boat, pull off his Coat and throw it over some paling near a skilling, Mr Wilson went away from Gildas’s in the same boat he came in between two and three o clock, I saw Mr Wilson in the following Friday morning at the wharf at George Town and I told him that I had seen him at Gildas’s the preceding Sunday with a Sergeant.

Mr Wedge and his party arrived at the lake as stated in my former information on a Tuesday, the fifteenth of March, I know it was on a Tuesday by the days, I was away from him on the next day Brady and McCabe came there and Robbed Mr Wedge of various articles, amongst the rest? of a spyglass this spy glass Brady had with him at Gildas’s, and on the Saturday had it in his hand in the skilling when Gildas Croft and Cummings were there, Brady said he had taken it from Mr Wedge.

Robert X Peet

his mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP [signed]

p47

The examination of James Gildas who saith on the twenty seventh day of last March the Commandants Boat came to my wharf between nine and ten o clock in the morning and left my Haule between three and four directly after the Boat left I ordered Cummings and Croft to put a few sheet into the yard which where grazing round the paddock which they did I ordered Cummings to catch me a sheep that I might try my shears Cummings caught a sheep and I began to shear it when three men came round the house through the front gate and made towards the sheep yard two of them were armed with muskets and pistols one of them said to Croft who was standing at a distance Hay Hay hear Croft went to him and the man tied his hands behind him they then came to the sheep yard where I was and demanded Cumming’s name they ordered him out of the yard and tied his hands behind him they then ordered me out I refuses to go one of the men levelled a double barrelled piece over the paling at me cocked it and said it I did not come out he would send its contents through

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me. I then went our of the yard and one of the men tied my hands behind me they then used a great many threats because I was obstinate in wailing along when my hands were tied the short man levelled his piece at my body and said he would shoot me like a Cock if I gave him any more cheek the other armed man said do not shoot him through the body shoot him through the legs and let him lay they took us into the kitchen and the shorter man of the two gave his double barrelled piece into the hands of the other Bushranger he then demanded of me where my musket was I told him I had none he marched the premises several times over whilst the others stood guard over us and said he was a good one at frisking he found my piece in my bedroom and brought it to the door the taller Bushrangers took it in his hand and looked at it and said it was no use to him it would not carry far enough that he had plenty of arms in the Bush he then returned it to the shorter man who took the cock off I begged him not to destroy the piece as it was not my

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own and I should have ten guineas to pay for it if I did not return it he then threw it upon a loft in the kitchen and a man named Peet who was with them said that they the Bushrangers had plenty of arms where his master’s things were planted the shorter Bushranger took his double barrelled piece from the other man he then untied Cumming’s hands and ordered him to Cook dinner for him when the dinner was cooked they made Cummings sit down by the fire whilst the two armed men and Peet their unarmed companionate the dinner it consisted of kangaroo steaks pork tea and Bread the two armed men went to the door and conversed together for about two minutes they then told me I must supply them with Flour enough to take them across the Country or they would take my dogs. I told them I had not Flour they then untied Crofts hands and made him and Cummings grind some flour they ground some whilst they were grinding the two Bushrangers went out of the House and looked up and down the River with a spy glass Peet who was in the house with me said it would be a very good thing if he could cut off their Heads and get the reward and indulgences

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I told him it would be a very good thing if he could do it whilst they were asleep the two Bushrangers returned into the House before Peet had time to reply Peet and the shorter man went our of the House and conversed together for about then minutes when the short man and Peet returned and the short man said I aught to think myself well off if I kept my own head upon my shoulders and Peet asked me several questions respecting the Boats on the River in presence of the Bushrangers and who was coxwain of the Balahoo (the Government Boat Fame was called by that name). I told him Dutton he said Dutton was a Bloody Rogue I asked him why he said he harassed the men about who were under him one of the Bushrangers then said to me the pleasanter you look the better it will be for you what they wanted they would have and if any body resisted them they would shoot them that there were Rapes, Robberies and Murders against them and that they were sure to be Hung if they were taken after some conversation the tall man at my request untied my Hands and went with me to the sheep yard to let my sheep

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out he then brought me back to the House one of them told Peet to go to the back of the House and fetch their knapsacks and things Peet went out and was absent about twenty minutes and returned with a knapsack and a Bundle tied up in a blanket when Peet came back one of the Bushrangers told him they would put some stones in his knapsack to keep him in ballast Trim? as they were disappointed in not getting the property they expected to find whilst Peet was out the two Bushrangers said they would not have came there had it not been? for the information they had got from Peet respecting the property at my House they then made Cumming prepare supper and said if he attempted to run away they would shoot him and destroy everything about the premises that they knew where were three soldiers at Mount Direction and that if any of us to away we would go and fetch them but that they would take effectual care we did not , the two armed men and Peet sat down to supper together when Cummings went

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to the Gallows to cut kangaroo steaks one of the Bushrangers went with him with his double barrelled Piece when the two Bushrangers and Peet had had their supper they told Cummings Croft and I that we might take ours one of the Bushrangers sat with his musket facing the Door and the other facing us whilst we were at Supper they said they had been laying watching the place until the Boat went away and that they had seen every transaction Peet pulled a small magnifying Glass out of his pocket and said it was taken from his master, between ten and eleven o ‘ clock Peet made a Bed down in the House they ordered Cummings and Croft onto the Loft in the kitchen they went there Brady marched me out at the front door into my room which is entered through my sitting room and is divided by a partition from the kitchen, Brady locked my room door and went away there was no window in any bed room the door lock was a common lock and the stable was inside my room. My sitting room was fastened with

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a wooden latch there never was a lock upon it the partition between my Bedroom and the kitchen is of wattle and plaster as high as the ridge board above that were broad palings. I looked between them the taller Bushranger (McCabe) and Peet laying down on the bed that Peet had made Brady sat upon a stool and kept watch with a double barrelled piece, I had very little sleep. I was awake about two o’clock in the morning looked through the boards and saw the two Bushrangers and Peet making tea after they had had tea Peet and the short bushranger laid down and the tall one kept watch until day light when they made Tea again after they had had their tea the shorter man came and took me out and put me in the kitchen and called Croft and Cummings outside and ordered Croft to fetch an iron pat and six or seven pieces of pork that were hanging up in the kitchen and ordered Cummings to give them tea and Sugar and Salt and give them handkerchiefs to tie it up in and kept their pieces nearly at a level all the time they then came to me in the kitchen and asked me when I would shoot them. I told them I did not know I was afraid they would go and chop my boat up they then asked Peet which

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which way they should steer he said he did not care which was they went aso as he could jump into a suit of clothes they went away about the distance of ten yards and called out Croft went to them and one of them gave him the cork? of my piece this was about seven o ‘clock in the morning, I then ordered Cummings and Croft to grind some Flour and made some Bread as I was going to report it as soon as the tide would float my boat. I am Cummings left home about three o clock that afternoon and reported what had happened to the Superintendent of Police that night about eight o clock.

My house is about sixteen Miles from Launceston by land it is about eighteen miles from the opposite side of the River to My House to Launceston. My boat did not float till three o clock it was then three quarters tide and the tide was running out. The sheep were grazing all day round the paddock on Sunday the Paddock is at the back of the garden and contains about twenty acres there were about forty or fifty

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sheep therein.

I do not recollect what Mr Wilson said to me about Bushrangers that day.

when the two Bushrangers went out of the House together Croft, Cummings, Peet and I were in the house our hands were not then tied.

I was a District Constable when they came to my House when they left it they went down the river Mr Wilson was not at any house on Saturday. Croft and Cummings were in the kitchen grinding wheat when Peet said it would be a good things if he could cut off the Bushrangers heads for the rewards and indulgences. When Colonel Balfour found fault with me for not having got away from my House the night the Bushrangers were there I did not tell him that they fastened me into my Bedroom, he discharged me at that time from being District Constable.

James Gildas (almost unreadable)

Sworn before me at Launceston this nineteenth day of January 1826

PA Mulgrave JP [signed]

This man says he is a Quaker and that it is his custom of make his affirmation with his hat on and his right arm outstretched.

PAM (initialled)

p56

Cornwall

Vann Diemen’s Land

To Wit

The information of Robert Peet who being duly sworn saith, I am a convict and assigned to Mr Wedge the Depty Surveyor on Tuesday the 15^th March I was with my master at Arthur’s lakes, when two Bushrangers named Matthew Brady and James McCabe obliged me to accompany them and carry their baggage until we arrived at Mr Gildas’s farm on the Tamar, on Saturday afternoon the 26^th March last Brady was then armed with a double barrelled Gun and a brace of pistols, McCabe had a single barrelled Gun and a double barrelled Pistol, the first Person we met at Mr Gildas’s was John Croft, Brady tied his hands behind him, then went up to the sheep yard called out Mr Gildas’s servant /Daniel Cummings/and tied his hands; he then called to Mr Gildas who was amongst the sheep, and who said he would no be tied, Brady cocked him Gun and presented it at Mr Gildas, who then allowed his hands to be tied behind him, Mr Gildas said it was a great shame they should rob poor people, that he had been robbed enough, Brady and McCabe ordered Mr Gildas and the other two men

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into the House, untied Cumming’s Hands and ordered him to fry some pork, and prepare some damper and Tea; the four, pork and tea belonged to Mr Gildas.

Half an hour after they went into the House Brady untied Croft’s hands, in about two hours Brady ordered me to untie Mr Gildas’s hands; Croft went to bed about ten o clock that night in a Loft over part of the room where Mr Gildas and Cummings went out of the Room about that time, and did not return that night. I do not know how the Door of the Room where we were in was fastened.

Brady and McCabe laid their blankets upon the floor near the Fire and laid upon them with their arms by their sides and made me sleep between them, neither of them kept watch that night.

The next morning about an hour and a half after day light Mr Gildas and Cummings came into the room, Brady was walking outside in front of the House and McCabe with them, Brady ordered Cummings in front of the House, FCroft and McCabe with them, Brady and McCabe had their arms with them

Brady to fry some pork and kangaroo which with some tea and damper Brady, McCabe and I had for breakfast, Mr Gillas Croft and Cummings breakfasted after we had done, Brady and Croft walked together a

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considerable time after breakfast in front of the House. Between one and two o clock Brady said he saw a Boat coming down the River, he looked at it through a spy glass he had taken from Mr Wedge, Brady said there were soldiers in the Boat, he ordered me to take a Bag with some flour in it, he took two pieces of pork belonging to Mr Gildas from Cummings and obliged him to bring a little tea and sugar also belonging to Mr Gildas.

Brady and McCabe then obliged me to accompany them up a Hill about seventy yards from the House where they stopped, I then counted nine men in the Boat. I thought two of them appeared to be soldiers these people remained at Mr Gildas’s three or four hours during which time Croft and Cummings came to the place where Brady, McCabe and I were, Croft took Brady on one side and whispered to him. I overheard Croft tell him that Serjeant Kerwin and a constable had come in the Boat * McCabe Brady and I then went cross a creek about a quarter of a mile from Gildas’s House Brady ordered me to make a fire, about an hour afterwards Croft and Cummings came to us and * Croft told Brady that the Fame Government Boat would be down the River on Monday with a woman in it named Emma **Croft further said that he was sure Mr Gildas would not report there having been at his House to the Soldiers nor to any other person afterwards and that Cummings was much more master than Gildas.**

Croft and Cummings went back to Gildas’s House, and returned in about an hour or

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two afterwards, and told Brady and McCabe, that the boat with the soldiers was gone. I asked Brady and McCabe to return to Gildas’s House to sleep that night, Croft said they had better not, that someone might come there, and that it might get Mr Gildas, him and Cummings into trouble.

The Bushrangers said they would remain where they were that night, Croft and Cummings went away, Croft and Cummings returned to us the next morning before sunrise, before we were up they said they were going to hunt kangaroo, they went away and came back in about an hour and a half, and gave McCabe a kangaroo, McCabe skinned the kangaroo, cut it up and with some of the pork Brady had taken from Mr Gildas’s Houe cooked it in a Pot that McCabe had taken from Mr Gildas’s, Croft was within five or six yards of Brady when he received the pork from Cummings and saw McCabe cut up the pork, and put it into the pot with the kangaroo, and ate part of it when it was dressed; Cumming drank some Tea but did not eat any of the steamer, McCabe told Croft on Sunday that he had taken the pot in which he cooked the steamer on Monday form Mr Gildas’s; Croft and Cummings stopped about two hours on Monday morning with

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Brady and Mc Cabe; Cummings said he had been a shipmate of Brady’s, neither Brady nor McCabe ordered Croft or Cummings on the Sunday night to come to them on the Monday morning, nor did either Brady or Mc Cabe desire Croft or Cummings when they said they were going kangaroo hunting on Monday morning, to bring them any kangaroo, Croft gave Mc Cabe the kangaroo without being asked dfor it, I have not seem Mr Gildas since I left his house on that Sunday afternoon, neither croft or Cumming ever said in my hearing that they were sent by Mr Gildas, when they came to Brady and McCabe on the Sunday and Monday.

Robert X Peet

his mark

Sworn before me at Launceston this twelfth day of April 1825

PA Mulgrave JP [signed]

p61

The information of Mr Mark Willow who being sworn saith I recollect the circumstance of John Basham being killed some time in the month of march or April last, the Sunday before his death I went from Launceston to Mr Gildas’s House on the Tamar in a Boat, I arrived at Mr Gildas’s about noon and stopped there two or three hours. I know John Croft I did not see him at Gildas’s that day, I know Daniel Cummings he was then Mr Gildas’s servant, I saw him at Mr Gildas’s House on that day and know that he left it whilst I was there and Mr Gildas said he was gone into the Bush after some moccasins, I did not see any sheep near the House nor did mr Gildas tell me he was going to shear sheep, he did not tell me the Bushrangers had been there the night before.

Mark X Wilson

his mark

Sworn before me at Launceston this nineteenth day of January 1826

PA Mulgrave JP [signed]

p62

Peet vs Croft and Cummings

April 12^th 1825

(4 x shorthand symbols)

1^st August 1825

Brady – in pencil – underlined in pencil

J.H. Ridge – in pencil – underlined in pencil

p63 (Dec 1826 in blue pencil)

The information and complaint of Mr Alexander Charlton who being sworn saith last Friday evening this wooden oar my property was sent in my presence on board a Boat from the supply mills to the Governor Arthur cutter that was lying about a mile from the shore two or three of the crew of the Governor Arthur went in the boat andno other person the boat was out of my sight before she reached the cutter I do not know that any Boat left the Cutter that night she is gone to Sea a Boat might have left her that night and landed upon the Beach without my knowledge this oar would not float a mile.

* when my boat returned the next morning this oar was missing which I found in the Lumber Yard at Launceston this morning.

A Charlton (signed)

Sworn before me at Launceston this twenty sixth day of December 1826

PA Mulgrave JP [signed]

p64

Mr Peter Broadfoot sworn saith I was at the Supply Mills last Friday when the last Boat went on board the Governor Arthur cutter with Flour I followed it in Captain Hassell’s Boat the Boat with Flour did not stop on its way from the Mill to the Cutter I remained in the cutter all night I saw the Boat that took the Flour along side the cutter between eleven and twelve o clock on Friday night and also about five o clock the next morning when Captain Hassell told me that an oar had been taken out of that Boat as well as a pair of Trowsers during the night the government Boat Harriott was alongside the Governor Arthur cutter about eleven o clock on Friday night

Peter Broadfoot (signed)

Sworn before us at Launceston this twenty sixth day of December 1826

H Simpson JP (Signed)

PA Mulgrave JP [signed]

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Frederick Dutton Coxswain of the Government Boats who being sworn saith Richard Kenyon is Coxswain of the government boat Harriott she left Laucneston in his charge last Thursday or Friday and returned yesterday morning, this oar was brought to the Lumber Yard by one of her crew she had only three oars when she left Laucneston she brought this and three others back with her

F Dutton (signed)

Sworn before us at Launceston this twenty sixth day of December 1826

H Simpson JP (Signed)

PA Mulgrave JP [signed]

The examination of Richard Kenyon who saith about nine o clock on Saturday morning I saw this oar on board the Boat Harriott between Swan Point and the Supply Mills a man named Robert one of the Harriott’s crew said he had found it upon the Beach.

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Robert Roberts saith I found his oar about a quarter of a mile from the Supply River between that and Swan Point it was laying upon the Beach a little above lowwater mark a little after day light on Saturday morning.

Taken before us at Launceston this twenty sixth day of December 1826

H Simpson JP (Signed)

PA Mulgrave JP [signed]

p67 (Jan 1826 in blue pencil)

VAN DIEMEN’S LAND
TO WIT

THE EXAMINATION of Fortuné Guillois

of Laucneston in Van Diemen’s Land, Tailor

taken upon Oath before me, one of His majesty’s Justices of the Peace

for Van Diemen’s Land and its Dependencies the Twenty Sixth day of December in the Year of Our Lord One thousand Eight hundred and twenty six, in the presence and hearing of Henry Murchison.

Duly charged before me, upon Oath, with

Which said Deponent, on his Oath aforesaid, deposeth and Saith as follows (that is to say):- on a Saturday I think about the second of December instant I saw at the Public House kept by Mr Henry Boyle in Launceston about six or seven o clock in the evening when he said he had got some things that would suit me which he wished to dispose of and that he would see me another time about them, about five o clock the next evening he came near to my residence beckoned to me I went to the door he said follow me and I followed him to the Gravel Pit a short distance from the Town when there he told me to wait and he would fetch me the things he had to sell he went away across the Swamp in a direction towards the River and returned in about an hour and a quarter with a Bundle tied up in a silk handkerchief which he untied and took out

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a black cloth coat waistcoat and trowsers which appeared new which he said he would let me have for four pounds and added they are worth ten they were got from a cask? at the back of the House on Mr Mulgrave’s Farm (Mr Hoblers).

I said I have not got the money now Keep them and I will bring the money to you another time he shewed me a large table cloth and said he had a great many things that would suit me he did not say what I did not see what else he had in the Bundle there appeared to be as many things in the Bundle as he shewed me – when I said I had not got the money he said I would let you have the clothes without the money if they were my own but the man who works with me expects his regulars (his share) out of it.

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he tied up the bundle again and went towards the swamp where he was joined by some other person I could hear them talk I next saw him one day when the court of requests was sitting I told him I had got the money for the clothes when he could let me have them he replied do not be in a hurry they are all safe I will let you know when you can have them, I saw him once afterwards I think it was the week before last in the street and said to him you have got me into a fine string about those things he replied it is not string at all they are all right – I told all this to Constable Thomas Johnson, I never said a word of it that I recollect to Constable Charles Smith I might have said something about it to him when I was intoxicated.

PA Mulgrave (Signed)

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The examination of Charles Smith of Launceston a Constable taken upon oath before me one of His Majesty’s Justices of the Peace this first day of January one thousand eight hundred and twenty six in the presence and hearing of Henry Munchiad?

(Large gap 5 cm to next text)

which deponent on his oath aforesaid saith as follows on Saturday about six weeks ago I met Fortuné Guillois in the street in Launceston who said I wish I had met you last night I said what for he replied I could have down something for you and added last night I saw some of Mr Hobler’s property, I saw a riding habit, a blue one, a handsome damask table cloth and a suit of black (clothes) I think I shall be able to get them tonight you and constable Johnson be in the way, this was in the day time Guillois was quite sober, I asked him who he had seen with the property he said I will let you know further about it in the course of the afternoon and ran off adding I am in a hurry no further conversation took place between me and Guillois four or five hours afterwards I saw him talking to Constable Johnson I did not go up to them but shortly afterward Johnson told me that

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Guillois had told him that I should have nothing to do with it, I asked Johnson who had the things he told me Mr Mulgrave’s man Harry.

H Simpson (Signed)

Charles X Smith

his mark

p72 (Jan 1826 – in blue pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of Thomas Robjent, a convict who being sworn saith I hold a Ticket of Leave and have been in the service of Mr James and William Brumby and have resided at their Farms on the lake River for the last two years and a half, where I have been employed as a Blacksmith, and occasionally have been permitted to do jobs for their neighbours on my own account, a day or two after last Christmas day, Mr Richard Jordan of Norfolk Plains brought this Fowling piece to the shop where I work on Mr Brumby’s Farm, he had brought the lock there about a week before, which wanted a new mainspring, which I could not conveniently make without having the Gun, Mr Jordan did not tell me that the Gun was loaded when he brought it to my shop, immediately he gave it to me I put it upon some tie beams in the shop as high as I could reach, I have worked and slept in that shop ever since, I saw not person remove the Gun from the situation in which I put it after Mr Jordan gave it me, until about a week after, when I took it down and put

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it under my bedstead, and a Box before it to hide it, lest some person should see it and take it away; I believe it remained there about a week, when I replaced it on the tiebeams, having then more constant work in the shop than I had before, I do not know that this Gun was removed from the tie beams by any person after I last placed it there until last Wednesday, except a day or two after I had replaced it, when Mr William Brumby came into the shop, took down the Gun and looked at it, he did not draw the ramrod or examine if it were loaded or not; he asked me whose it was, I told him, and he replaced it on the tie beams. I do not know that any other person touched the Gun whilst it was in my possession, except Mr William Brumby and myself; I never examined the Barrell whilst it was in my possession, many persons were in my shop at different times during the time the Gun was there, I have see Persons go in and out of the Shop when I have been on a different part of the Premises, I did not see Mr William Brumby in the Shop on last Tuesday or Wednesday until about three o clock on Wednesday afternoon , when he came there with some lead in a ladle to cast some bullets, he cast about twenty

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Bullets /I am sure I saw more than ten/ whilst he was casting the Bulletts, two children named William and Ann Whyte, the former about seven the latter about fice years of age, and who reside in a Hut near my shop, came into the shop, and as Mr Brumby’s Bulletts became cold the Boy took up one of them and ran away, the little girl took away two bullets, and also ran away, Mr Brumby ran after her and then retunred with two bullets in his hand, the Boy returned at that time close to the Place were I was sitting, on a stove, a yard or two from the shop door, and threw a Bullett close down by my feet, Mr Brumby said to the Boy, “where is the Ball” the Boy replied pointing to it , “It is at Tom’s feet”, I pointed to it and said “there it is” Mr Brumby picked it up and went into the shop, Mr Brumby recommenced making Bulletts in the shop, and the children remained outside the door about twenty minutes, during which period Mr Brumby told the Children several times to go away, I remained witting on the stone near the door during this time, at the end of which I heard Myr Brumby say, “I will start them” and I saw him

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come to within a step of the door with the fowling piece in his left hand, and his Powder Flask in his right hand, and put some Powder upon the touchhole.

Mr Brumby after he had put some powder on the Touchhole of the Gun held it in his left hand, with the touchhole upwards and in front of him, upon a level with the lower part of his body, the muzzle of the Gun was pointed out at the middle of the door and towards William and Ann Whyte, who were standing in a Path about six yards from the door, he then set fire to the powder with this Piece of Iron, which had been lying in the fire of the forge,, where he had been casting his Bulletts, as he held the gun in his left hand he reached back with his right and took the iron off the forge, and immediately applied it to the touchhole, he took no deliberate aim, the Gun immediately went off, and William Whyte immediately fell upon his side, I went up to the child and saw one or two drops of Blood upn his shirt near his loins, between his Jacket and Trowsers, his shirt appeared torn in small holes as if with shot; immediately William Brumby had fired the Gun and the Child fallen, he exclaimed “my God! I have shot the Boy” I replied “My God the Boy is shot” William Brumby said call my mother and ran towards the House where she lives, * Mrs Elizabeth Brumby, about two

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hundred yards from my shop, I ran towards the Hut where the Child’s mother lived and called her, William Brumby’s Mother, the child’s mother, William Brumby and I went to where the child was lying, Mrs Eliabewth Brumby /William’s Mother / took the child up and said “Oh! William I hope this will be a warning to you, not to play with Gun again!” he made no reply she carried the child to the Hut where its mother lived, William Brumby sat down by the side of me near the shop about a quarter of an hour, when his mother came up to him, and he said, “how is the child? is it dead?” she said “yes it is dead” he made no answer, but looked very sorrowful, he seemed too much affected by Grief to speak, he did not speak to m from the time his mother took the child away until she came back, he sat with his head upon his hands and his elbows upon his knees.

He did not appear angry with the children before he fired off the Gun, but appeared as good humoured and as jocular as people do in general when playing with children; he told me as

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soon as the Gun went off, he had only put a little powder into her to squib her off and frighten the children, I said “My God then it must have been loaded before!” he did not reply; after Willliam Whyte fell I measured the distance from the place where William Brumby stood to the spot where the child lay, it was six of my paces; his sister was close to him when he fell, after Mrs Brumby had carried the child away I picked up two small leaden shot that were lying on the ground exactly where the child had laid, they were small pigeon shot, I gave one of those shot to Mrs Brumby I do not know whom I gave the other, they appeared black as if they had lately came out of a Gun, they were not hot, after Mr William Brumby had fired off the Gun he set it down against the wall close by the door, and in the course of the evening I replaced it over the tie beams I am sure this is the same Gun; after Mr Brumby had fired off the Gun with this piece of Iron, he immediately laid it upon the forge where he had taken it from, I am certain this is the same piece of iron, I removed it on Wednesday evening from the Forge and put it on the tie beams close to the Gun

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and took it from there this morning; I never saw Mr William Brumby fire or Squib off his Gun to start or frighten children before Wednesday, I said nothing to Mr Brumby whilst he was putting some powder on the touchhole of the Gun, I supposed he was only going to frighten the children, I do not know that Mr William Brumby had any quarrel with the father or mother of those children. I never saw him beat either of the children, he appeared very fond of them, he used to take them about the farm with him; I did not hear the report of any other Gun or fire arms at the time that the Gun that Mr Brumby held was discharged. The children did not move when Mr Brumby pointed the Gun out of the door, I never told him that the Gun was or was not loaded, both the children ran in and out of the shop whilst Mr Brumby was casting bullets, I do not recollect if either of them went in after William Brumby ran after the Girl.

/signed/ Thos Robjeant

Sworn before me at Norfolk Plains this twentieth day of January 1826

PA Mulgrave Coroner

p80

Cornwall

Van Diemen’s Land

To Wit

The information of Mr Richard Jordan, who being sworn saith, I am a settler and reside at Norfolk Plains, between three weeks and a month ago, I took this stock and Barrell of a fowling piece, my property, to the farm of Mr William Brumby on the Lake River, and delivered it to Thomas Robjeant for the purpose of fitting the lock to it, which I had previously left with him to repair, I told Robjeant to be careful of the Piece for it was loaded, I did not tell him what it was loaded with; I loaded it about two months ago with powder and small leaden shot; I did not see the Gun form the time I left it with Robjeant until this morning, the barrel and stock are worth five pounds; the shot now shewn me is of the same size and those with which

p81

I loaded the Gun before I delivered it to Robjeant.

/signed/ Richd Jordan (not actual signature)

Sworn before me at Norfolk Plains this twentieth day of January 1826

PA Mulgrave coroner

p82

Cornwall

Van Diemen’s Land

To Wit

The information of Mrs Elizabeth Brumby who being sworn saith, I am the wife of James, and the mother of William Brumby, and live on the farm of the latter upon the Lake River behind Norfolk Plains, Thomas Robjeant is a Blacksmith employed by William Brumby,and has lived upon his famr about two years; Elizabeth Watson the mother of William Whyte, has lived in a Hut upon my son’s farm for the last eight months, she had anther child Ann Shyte, and an infant, who also lived with her; some time in the afternoon of last Wednesday my won William came to the back door and cried out “Oh! mother dear, I have shot William Whyte” he then turned from the door and ran towards the Blacksmith’s shop I ran to the Hut where Elizabeth Watson lived, supposing the child might be there, I saw Elizabeth Watson at the door tearing her hair, I went to her, saw no child there, and went immediately to the Blacksmith shop, William Brumby and Thomas Robjeant were close by the shop door, William Qhyte was lying, I do not know whether on his face, back or side, within two or three yards of the door; he was breathing, I took him in my arms and ran with his to his mother’s Hut, I met her on the way, I took the child into the Hut, and laid him upon a table, I took off his clothes and saw the marks as if of a number of shot, more about his loins and left hip than any other part; the wounds bled very little; I took three small shot out of the waistband of his trowsers, they were of the same size as the shot now shewn me, I gave these shots to his mother; the child did not live more than two or three minutes after I took him into the House, I moistened his lips still he was dead; I did not take his clothes off till he was dead, my son William always expressed the greatest affection for William Whyte, and the child followed him wherever he went about the presmies, I never knew of any quarrel between

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Thomas Robjeant and Elizabeth Watson, I never heard Thomas Robjeant complain of Mrs Watson’s children, or heard that he had beat them; I never knew that my son William was in the habit of fireing off his Gun to frighten William Whyte, or any other Person.

Elizabeth X Brumby

her mark

Sworn before me at Norfolk Plains

this twentieth day if January 1826

PA Mulgrave coroner

p84 RALLFORD 1822 watermark

p85

Cornwall

Van Diemen’s Land

To Wit

The information of Elizabeth Watson who being sworn saith I am the mother of the deceased William Whyte we had lived together upon the farm of Mr William Brumby upwards of six months, I know nothing of the cause of my child’s death, I did not hear of it until Mrs Elizabeth Brumby came to my house last Wednesday, I had just before sent my children out to play, and had heard the report of a piece, I was standing at the Wash Tub at the time, I am sure Mr William Brumby was as fond of my child William Whyte as if he had been his won, I am sure he would not have intentionally hurt a hair on hiss head, he had frequently taken the child out of his bed to play with him, I never had any difference with Thomas Robjeant.

signed Elizabeth X Watson

her mark

Sworn before me at Norfolk Plains

this twentieth day if January 1826

PA Mulgrave coroner

p86

Mr John Smith being sworn saith, I am a Surgeon and reside in Norfolk Plain, I knew the deceased William Whyte, he was the son of Elizabeth Watson, he was between six and seven years of Age; I know he has resided on Mr William Brumby’s farm for some months past with his mother, I have carefully examined his body and find between fifty and sixty wounds, apparently inflicted by small shot, upon his left side, in the abdomen, on the spine, and in the left breast, there is one shot wound upon the left breast, which is more than five inches deep, and directed towards the heart, which wound would of itself have been sufficient to have caused instant death, there are more than twenty similar wounds on the left side, most of which I have probed, but could not reach the shot, these together would also have occasioned instant death; I extracted one small leaden shot form the spine, which I delivered to the coroner, the wounds upon the left breast and side as well as those upon the loins appear to have been made by shot of a similar description. I have attended the Family of Mr William Brumby professionally for the last six months, I have frequently seen him exhibit marks of strong affection for the deceased William Whyte I have known Mr William Brumby for these last ten years and never saw him in a passion in my life.

‘signed’ John Smith

Surgeon

Sworn before me at Norfolk Plains

this twentieth day of January 1826

PA Mulgrave

coroner

p87

The voluntary statement of Mr William Brumby who saith, I was making some leaden Balls in a Blacksmith’s Shop on my Farm last Wednesday afternoon, the deceased William Shyte, and his sister Ann Whyte, ran away with some of my Balls, I fetched the girl back and took two from her, I saw a Ball lying by Thomas Robjeant’s feet who was sittign near the shop door, William Whyte pointed to that Ball and said something, I continued to make Balls for a few minutes afterwards, the little girl came into the shop again, I put a little gunpowder on the ground and put the end of this iron, which was hot, to it, the powder blazed and the little girl ran out of the shop, I returned the iron into the fire and took down this fowling piece from two tie beams in the Shop and sprinkled a few grains of gunpowder out of a powder flask into the Barrell, I then put a little Gunpowder upon the touch hole, at this time, Thomas Robjeant was sitting on a stone outside, and on the left side of the door, William and Ann Whyte were a few paces on the right from the door, I held the Gun in my left hand pointed it out at the door, and put the hot end of this iron to the powder on the touch hole, the Gun went off, and immediately saw William Whyte lying upon the ground, about three paces from where I had seen him stand before I put the iron to the touch hole, and nearer to the house where his mother and he live; I immediately sung out “my God I have shot the child”, I went down to my house and told my mother what had happened, I then returned to where the child lay, my Mother come and immediately carried

p88

William Whyte to his mother’s house. I never imagined the Gun was loaded, or gave it the least thought in the world; Thomas Robjeant was making a grindstone with a chisel and a hammer at the time the Gun I held went off.

‘signed” Wm Brumby

Taken before me at Norfolk Plains

this twentieth day of January 1826

PA Mulgrave

Rex vs William Brumby

manslaughter

Informations of

Thomas Robjeant

Richard Jordan

Elizabeth Brumby

Elizabeth Watson and

John Smith also

examination of

William Brumby

delivered 21^st January 1826

p89

Cornwall

Van Diemen’s Land

To Wit

An inquisition indented taken at the House of Mr Edward Bailey at Norfolk Plains in the said County this twentieth day of January in the sixth year of the reign of our Sovereign Lord King George the Fourth before one Peter Archer Mulgrave Esq Coroner of Our Lord the King for the County aforesaid upon the view of the body of William Whyte an infant seven years of age then and there lying dead upon the oaths of Messrs Charles Brown Hardwicke, Charles Reid, Wickham Whitchurch, William Keating, James Davy, Edward Bailey, William Griffiths, John Bonney, John Herbert, Henry Wilkinson, John Cox and William Roche

good and lawful men of Norfolk Plains aforesaid in the aforesaid County who being sworn and charged to enquire on the part of our said Lord the King when where how and after what manner the said William Whyte came to his death, do say upon their oath that William Brumby of the lake Plains Gentleman on the Eighteenth day of January in the sixth year of the Reign aforesaid about the third hour in the afternoon of the same day, with force and arms, at the lake Plains in the county aforesaid in and upon the aforesaid William Whyte there further? being in the Peace of God and the said Lord the king did make as assault and that the aforesaid William Brumby then and there with part of a certain Gun or Fowling Piece said of the value of five pounds, part of a gun or fowling piece, loaded with gunpowder and shot which he the said William Brumby then and there held in his left hand, the aforesaid William Whyte [??] did shoot

p90

involuntarily and gave to the said William Whyte there and there with part of a Gun aforesaid in various parts of his Body, videlicet, upwards of fifty gunshot wounds in the left side, in the abdomen, in the spine, and in the left breast of the said William Whyte; that one of the said wounds in the left breast of the said William Whyte was upwards of four inches deep, and must have caused immediate death, and that more than twenty similar wounds were inflected in the left side of the said William Whyte by the shooting aforesaid , of which said mortal wounds the aforesaid William Whyte then and there instantly died, the jurors aforesaid upon their oath aforesaid ado say that the said William Brumby then and there involuntarily killed and slew the said William Whyte against the Peace of our said Lord the King his Crown and Dignity.

And the jurors aforesaid upon their oath aforesaid further say that the said William Brumby by killing and slaying the said William Whyte in manner and form aforesaid committed the offence of manslaughter.

p91

In witness where of as well the aforesaid coroner as the jurors aforesaid have to this inquisition put their hands and seal the day and year and at the place first within mentioned

CH Hardwicke [signed]

Charles Reid [signed]

Wickham Whitchurch [signed]

Edward Bailey [signed]

William Griffiths [signed]

William Keating [signed]

John Cox [his x mark]

John Boney [his x mark]

William Roche [his x mark]

James Davey [his x mark]

Henry Wilkinson [his x mark]

John Herbert[his x mark]

PA Mulgrave

coroner

p92 [final copy below of previous inquest]

Cornwall

Van Diemen’s Land

To Wit

p93

Peace of God and the said Lord the king did make as assault and that the aforesaid William Brumby then and there with part of a certain Gun or Fowling Piece said of the value of five pounds, part of a gun or fowling piece, loaded with gunpowder and shot which he the said William Brumby then and there held in his left hand, the aforesaid William Whyte [??] did shoot involuntarily and gave to the said William Whyte there and there with part of a Gun aforesaid in various parts of his Body, videlicet, upwards of fifty gunshot wounds in the left side, in the abdomen, in the spine, and in the left breast of the said William Whyte; that one of the said wounds in the left breast of the said William Whyte was upwards of four inches deep, and must have caused immediate death, and that more than twenty similar wounds were inflected in the left side of the said William Whyte by the shooting aforesaid , of which said mortal wounds the aforesaid William Whyte then and there instantly died, the jurors aforesaid upon their oath aforesaid ado say that the said William Brumby then and there involuntarily killed and slew the said William Whyte against the Peace of our said Lord the King his Crown and Dignity.

And the jurors aforesaid upon their oath aforesaid further say that the said William Brumby by killing

p94

and slaying the said William Whyte in manner and form aforesaid committed the offence of manslaughter.

In witness where of as well the aforesaid coroner as the jurors aforesaid have to this inquisition put their hands and seal the day and year and at the place first within mentioned

CH Hardwicke [signed]

Charles Reid [signed]

Wickham Whitchurch [signed]

Edward Bailey [signed]

William Griffiths [signed]

William Keating [signed]

John Cox [his x mark]

John Boney [his x mark]

William Roche [his x mark]

James Davey [his x mark]

Henry Wilkinson [his x mark]

John Herbert[his x mark]

PA Mulgrave

coroner

p95

Inquest on the body of William Whyte

p96 (January 1826 in pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of John Crowther a convict who being sworn saith I am a Constable I was passing the House of Chief Constable George Lawson this afternoon, James Hopkins was passing in Custody of McQuin a Private in the 40^th Regiment of Foot close along side of me when Mrs Feutrill came up to me I immediately felt myself wounded in the upper and back part of my right thigh and I immediately saw the said Mrs Feutrill withdraw her hand from that part of my body, in which she held a two pronged table fork, as she withdrew her hand she said you are the murdering scoundrel that has killed my child.

William Dodds came up, laid hold of Mrs Feutrill and as she was in the act of repeating her blow laid hold of her hand and said he is a Constable Mrs Feutrill replied I do not care I know he is the man, I put my hand to the place where I felt I had been wounded and found that the blood had penetrated through my trowsers, the stain of blood now upon my trowsers was not there before I felt the blow and saw Mrs Feutrill withdraw her hand from that part of my body, I did not speak to her or give her

p97

any provocation to strike or stab me.

John Crowther (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The information of William Dodds a convict, being sworn saith, this afternoon I was in the Street of Launceston near Mr Lawson’s House, I saw Constable John Crowther walking on the pathway beside a soldier belonging to the 40^th Regiment, who was conveying a man named James Hopkins to the Police Office, I saw Mrs Feutrill pass Crowther and after she had passed him heard her say which is him that has murdered my Child. I did not hear any one answer Mrs Feutrill she then run towards Crowther and struck with her right hand at the lower and back part of his body. I did not see what part of Crowther Mrs Feutrill struck, or that she struck him at

p98

all – immediately she struck at him I laid hold of her round the waist, and said that is not one of Jeffries party he is a constable, Mrs Feutrill replied I am very sorry if I have done anything wrong, if he is not one of the party, immediately Mrs Feutrill struck at Crowther he put his hand to the hind part of his right buttock and said what did you do that for I immediately observed blood upon his trowsers over that part of his body – I saw no fork or other sharp instrument in the hands of Mrs Feutrill when I laid hold of her. The man who was in custody of the soldier was supposed to be one of the Gang who in company of said Thomas Jeffries had recently committed several murders and Robberies.

William Dodd (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The information of Alexander McNabb Esquire, Physician, who being sworn saith I have examined the person of John Crowther a constable and found two small punctured wounds about half an inch apart on the side of the right hip rather lower down than the articulation of the joint, they were recent wounds, there were marks of blood around the margins of those wounds, which I probed and found where

p99

were about three quarters of an inch deep. The wounds must have been inflicted by a sharp pointed instrument and might have been made by the two pronged fork now produced.

Alex Mc Nabb (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The information of Mr George Lawson Chief Constable and being sworn saith I searched the house of Mrs Ann Feutrill and found this two pronged fork lying upon a Table facing the door and immediately brought it to the Police Office a man named White was in the house. I did not see Mrs Feutrill

George Lawson (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The statement of Mrs Ann Feutrill who saith I have reason to believe that one of my Grand children was

p100

murdered a short time ago by Thomas Jeffries when I saw Constable Crowther going along the street nesar my House this afternoon some Person cried out here is Jeffries and his man I ran out of the House with a Fork in my hand and said which is he who has murdered my child I will have blood from him some one said it is the tall one I then struck at Crowther with the Fork supposing he was the man who hand killed my Grandchild Crowther turned round and said you are mistaken I am not the man I replied if you are not the man I am very sorry for it.

Taken before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

p101

[RALLFORD 1822 watermark]

Rex vs Ann Feutrill

21 Jan 1826

shorthand symbol + J Horn esq

2^nd January 1827

shorthand symbols x 6

p102 [& to be copied in pencil]

The information of Joseph White who being sworn saith I am free and reside in Launceston on Friday last the twentieth day of January instant I was acting as an extra Constable in search of Bushrangers about eight o clock in the morning of that day I was at a Hut at Spring Plains belonging to Joseph Lowe of Launceston Joseph Railton Mr Lowe’s Shepherd lived at the Hut, Joseph George Pyle Francis Howe James Howe two soldiers and I was accompanied by George Pyle and two soldiers one of them is named Dwyer the other Robert Stubbs, Francis Howe and James his Brother were in the Hut when we went up to it as well as a party of three soldiers and one Constable the three soldiers and Constable went away as soon as we arrived, the two Howes are Shepherds in the Service of Mr Lowe, about two o clock on that day Dwyer, Stubbs, the two Howes and I were lying down upon some wool in the Hut. I believe they were all asleep except myself I had been sleeping George Pyle was preparing a fire to bake a damper outside the Hut, our muskets were lting by our sides, when some one cried out “come out, one by one” three or four times, I looked out and saw two Men standing close to a large Tree, they had muskets in their Hands pointed towards the hut, I said come down my lads it is all right, I thought it was a party of soldiers or Constables, one of them again said “come out one by one or I will fire

p103

at you through the hut” the men in the Hut arose up, Dwyer said that’s Jeffries, do not be alarmed and fixed his bayonet the other soldier Francis Howe and I took up their musket, I could not get mine because Dwyer was either standing or lying upon it.

I ran our of the Hut about four or five yards to the left, a shot was fired from one of the Men at the Tree and Stubbs fell, Dwyer cried out come out from the back of the tree, the Bushrangers fired again, Stubbs who had got up and was fixing his Bayonet received another Shot and fell a second time, I do not know what Dwyer, Pyle, or either of the Howes’ did, I do not know what took place after Stubbs fell a second time, I did not see the Bushrangers go into the Hut, a few minutes afterwards, I ran up to Dwyer who was running from the Hut and about two hundred yards from it, I looked round and saw Stubbs and James Howe coming towards us from the Hut, Stubbs had a bayonet in his hand Dwyer and I stopped until they come up to us, Stubbs said Dwyer do not leave me I am wounded, we made the best of our way to Mr Ralston’s, Mr Ralston gave me a musket, Dwyer, James Howe and I went towards Lowe’s Hut, when we had got about a quarter of a mile from Mr Ralston’s Mr

p104

Ralston called us back, we were returning when he said go on again, I then saw Pyle and Francis Howe approaching Mr Ralston’s Hut, Franics Howe called out to us to stop, we did so, he ran up to us and joined our Party, neither him not his Brother were armed, we went to Lowe’s Hut, there was not person in the Hut, my musket and Stubb’s musket had been taken away, a fowling piece belonging to Pyle and one belonging to Howe were broken to pieces, and lying outside the Hut; there was a musket lying near the Hut the breach pin of which had been drawn out, and was lying along side the musket, I supposed that the musket had been left there by one of the Bushrangers. I have know Thomas Jeffries upwards of six months, I do not know whether he was one of the men who stood close to the Tree and fired into Lowe’s hut, I did not take particular notice of either of them.

When I ran out of the Hut, I left about ten pounds of Flour tied up in a pair of drill trousers belonging to me and about three pounds of sugar in a small Bag in the Hut, those articles were gone when I returned to the Hut;

[no more text]

p105

Mr Anthony Cottrell

saith I am a Settler and reside on the River Nile on Saturday evening, last the twenty first day of January instant I accompanied Mr Dark, a man named Bull another named Bruce and a black Boy Mr Cox’s Servant and Lawrence Eagen? a free man then in my service in pursuit of Bushrangers; the next morning at day light we were at Mr Davis’s stock Hut on the said River, there were eight armed men in the Hut six of whom were in pursuit of Bushrangers the other two were stockkeepers residing at the Hut, about half past six o clock Mr Cox’s black Boy said there is a man gone behind a gum Tree, we all went out of the Hut I immediately saw Thomas Jeffries a Bushranger standing close to a large Tree upwards of a hundred yards from the Hut he had a musket in his Hand, we all ran towards him he cried out will you give me quarters several voices cried out yes “quarters, quarters” “Lay down your arms” he threw a musket & this pistol upon the ground. Joseph Shear and William Parsons were the foremost of the party they ran to him and secured him, we took him to my House and from thence to Mr Cox’s the magistrate, where he was hand cuffed and sent from thence to Launceston under the charge of Mr Dark and his Party.

Anthony Cottrell (signed)

p106

Joseph White

2 x shorthand symbols Hopkins

20^th January

1826

(bushrangers – underlined in pencil)

p107

Woolmers ½ past 10 – am

21^st Feby 1826

Sir,

On my arrival here about an hour & half ago I found Mr Robert Lawrence, and have taken his information, respecting the outrage committed by the Bushrangers at the Farm of Mr W E Lawrence yesterday evening – I beg to enclose it for your Excellency’s information and request, as there is not time to make a Copy of it you will be pleased to let it be handed on to the superintendent of Police at Launceston when your Excellency has done with it –

I have the satisfaction of stating to your Excellency that a Party of nine Horsemen and five men on foot will start in about half an hour in search of these wretches – Mr Hardwicke and Mr Clayton the two district constables lead the Party.

His Excellency

Lt Govr Arthur

& & &

p108

and they are accompanied by Thomas Broadfoot, Mr Lawrence’s overseer who I am happy to say is not? worse for the wound in the forehead he received by a slug from Brady’s Gun – I have impressed upon the Persons comprising? this party the necessity of thus? acting? promptly and vigorously and as they are all volunteers and many of them well acquainted with the part of the country where these Ruffians were last seen, I am rather sanguine in my hopes of their success.

I shall not fail to apprise Your Excellency of what further I may hear on the subject & have? ??? ??? & remain ( a has?)

Sir

Your Excellency’s

Most Obedient

Humble servant

Thos: Archer JP

p109

Van Diemen’s Land

The information of Mr Robert William Lawrence who being firstly duly sworn saith, yesterday afternoon about half past three o clock Brady and his Gang, consisting of Murphy, Bryan, Cody, and four others whose names I did not learn came to the House upon the Farm of Mr W.W.E. Lawrences on the Lake River, where I was residing; and entering the House found George Moran, one of Mr Lawrence’s assigned servants and asked him if there was any other Person in the House – he replied not, on which they made him their prisoner – At this time I was bathing in the Creek, and was surprised at seeing a man who I afterwards found to be Murphy without about 6 yards presenting a musket at me – he said, come young fellow, you have a Gun with you? I took the Gun, and asked him if the Bush-rangers were taken – to which he replied, No – but I am one – he then took my Gun & made me walk before him to the House, where I saw the others – the observed to Brady – “This young b—-r was going to shoot at me at first” – Bryan replied “well, we will mark him like the rest of our stock – we will have his ears off” – I was then put into the kitchen with fifteen or sixteen more prisoners – after a short time, Bryan came in and desired me to go and cut some Meat and cook it for their prisoners: – after which, they having discovered a secret place in the Floor where the win and spirits were concealed – Murphy brought in several bottles of Rum, & made us all drunk of it – I was afterwards outside the door and Bryan came up to me giving me a shake, & feeling in his pocket for a knife to cut my ears, when Murphy came up and desired him to leave me alone saying yes “he is not to blame” – I heard two shots fired while I was in the kitchen, they told me that Bromsgrove had been wounded by Brady, but that if that did not kill him he should not live six months as his character was so bad all over the Country for ill treating the men. They were a long time turning the Things about in the House and after that they made us all leave the House & presenting a musket they declared they would put a ball through the head of any one who did not collect and bring straw to the house – which we were compelled to bring into the Rooms – and when they were nearly filled with it – Bryan gave me a push with his Musket, saying – go in – and we will burn you and the House together – Murphy who just then came up with a light – said that I ought not to be hurt – and Brady desired Bryan to let me alone – Murphy then put fire to the straw, and the whole building was immediately in flames – one of them observed “we will leave the stable for the men to live in” – another observed in reply, no no – they have a Hut – they then set fired to the stable and to four or five stacks of wheat and Brady also some vats, and a stack of Hay – – As they were going off, which they did in about

p110

a quarter of an hour after setting fire to the Buildings and stacks in passing an enclosure they saw the Horse upon which Bromsgrove had been riding, and one of them remarked that he had no doubt that Fellow was settled – one of them then mounted the Horse and they went away. I believe toward the Mountains – – while we were prisoners in the kitchen they took some of the men to assist in catching other horses – they caught three, besides Bromsgroves, all of which they took away with them – I observed that they had one new Bridle which did not belong to Mr Lawrence.

They appeared very inveterate against Bromsgrove, and two others of Mr Lawrence’s Servants named Chard and Kimble, declaring that they would kill them – – They filled about six sacks with various Articles, among which was a sack filled with onions, and which they said they should taken to their Farm – They laid their sacks on the Horses and led them away; only one of the Party being on horseback – During the whole time they appeared quite cool and collected, & went about every thing very leisurely and methodically – It wanted about an hour to sunset when they went away, and I immediately proceeded on Foot to Mr Brumby’s where I got a horse, and went to Woolmers to give information of the above particulars.

RW Lawrence

Sworn before me at Woolmers

Van Diemen’s Land this

21^st day of Feby 1826

Tho: Archer

CONNOLLY Ellen(prisoner) HOUNSLOW Samuel(Prisoner) 6 March 1822 Launceston Tasmania

http://www.rootsweb.ancestry.com/~austas/marrig.htm

CONNELLY, Ellen. Per “Janus”, 1820

1820 May 16

On list of convicts transhipped from the “Janus” to the “Princess Charlotte” and forwarded to Hobart (Reel 6007; 4/3502 p.37)

http://colsec.records.nsw.gov.au/indexes/colsec/c/F12c_com-con-04.htm

frances Munro (View posts)

Posted: 7 Jul 1999 12:00PM GMT

Classification: Query

Surnames: Connolly, Hounslow

Looking for any info on Samuel Hounslow/Hownslow,convict,

m. Ellen Connolly/Connelly(convict) 1822,Launceston,Tasmania

Dau. Ellen Hownslow b.1821, Launceston.

Samuel d.1854, Hobart,Tasmania.

Need info on other children(if any),Convict info for both Ellen and Samuel, their place of borth etc.

http://boards.ancestry.co.uk/localities.oceania.australia.tas.general/549.756/mb.ashx

marriage

HUDSON Thomas(clerk) VINCEY Ann HOUNSLOW Samuel(Prisoner) CONNOLLY Ellen(prisoner) 6 March 1822 Launceston Tasmania tassiegw@start.com.au

http://www.rootsweb.ancestry.com/~austas/mw2.htm

http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON40-1-1,380,239,F,20

convict record above.

And

http://search.archives.tas.gov.au/default.aspx?detail=1&type=I&id=CON40/1/1

From:

Manuscript 3251 National Library of Australia. Echoes of Bushranging days.

Vol 1826

p111 Feb 26 in purple pencil

Cornwall

Van Diemen’s Land

To Wit

The information of Ellen Hownslow who being first duly sworn saith I am the wife of Samuel Houndslow and reside with my husband in a Hut under the Western Mountains at the back of Norfolk Plains, my Husband is a servant of William Saltmarsh’s and has charge of his cattle- yesterday week the 27^th of January last, my husband went to the Hut upon the stock farm of Mr Abraham Walker about four miles from our Hut, and whilst he was away William Haywood a servant of Mr Joseph Archer’s came to our Hut and enquired where Sam my Husband was, I told him he was gone to Walkers Hut, William Haywood remained with me all Friday night and my Husband did not return home – On Saturday morning he got up and as he was making up the Fire we heard a Gun go off, Haywood said I wonder who that is firing, I replied that I did not know who it was without it was Mr McRae a settler who lived within a mile of our Hut, Haywood said if it is him I must not let him see me for he and I have had some words and I should not like him to see me off my Master’s Run and as Mr McRae was approaching our Hut, Haywood went and concealed himself under my Bed Mr McRae came in and remained some time and said he had been firing at two ducks in the Swamp, Mr MC Rae then went away and Haywood

p112

sat down with me intending to have some breakfast – whilst we were sitting at the Table Mr McRae came again to our Hut and said to Haywood “Billy are you here” Haywood said yes Mr McRae said that if Haywood did not keep off the Run, he would report him to Mr Archer, they had several words on the subject and Mr McRae again went away shortly afterwards William Haywood went also, Mr McRae came a third time to our Hut and let his sheep out of our yard and watched them about the place as he said he expected Mr claytons shepherd down to draw some sheep out that had joined his Flock – whilst Mr McRae was sitting with me he said he was afraid of William Haywood doing him some injury for having accused him of stealing some of his Sheep some time ago, and that Haywood had told him then that he would be revenged of any one who did him a private injury it if was ten years afterwards, and Mr Mc Rae then said to me I will for the future always call here as I go round my run and the same coming back so that if you do not seem me come back after going round my run, I beg of you to report my being missing in order that my Body may have some Christian burial in the event of my being killed, Mr Mc Rae remained and took some dinner with me and was just cutting some tobacco to fill his pipe when William Haywood came briskly into the Hut and said my God what an accident has happened to one of Sam’s heifers, Mr McRae said what has happened, Haywood replied that it had got bogged in Mr Clayton’s creek and that he and another

p113

man of Mr Archer’s had been trying to get it out and could not without more help and a Rope. Haywood had his Trowsers tucked up and looed as if he had been doing what he said, Mr McRae immediately offered to go and assist and he and Haywood went away together, Mr McRae had a Double Barrelled Gun with him and Haywood had a musket which he always carried for protection against the natives, about half an hour after this I went out to get some wood and hear first one Gun go off then another and then a third quite quick one after the other – I returned to my Hut and having the toothach laid down on my Bed desiring my little Girl to keep watch about the Hut, about an hour after Haywood and Mc McRae had left the Hut Hwywood came back with his trowsers tucked up his sleeves the same and his legs and arms covered with mud, he told me to get up, I did so, I then said well did you get the heifer our of the creek Haywood said never mind the Heifer, I said where is Mr McRae, he said do not trouble your head about Mr McRae, I have settled the Scotch Bugger at last Haywood then placed himself alongside of me and drew a pistol from his breast and said to me holding it to the side of my head “now mind if you do not tell the story I am going to tell you when Clayton’s shepherd comes your life is not worth a halfpenny” I was much frightened and promised that I would say anything that he told me to say well then said he “When Clayton’s shepherd comes you must tell him that McRae came by your hut this morning and left apart

p114

of his sheep and that he then went home to his breakfast, that he came back shortly afterwards and went to look after some more of his sheep and came running back very soon threw his jacket off and took his Gun saying that the natives were up at the blind creek and that he went away in that direction and that you have seen nothing more of him” Haywood then went out and washed the mud off his arms and legs and came in again filled up his pipe and began to smoke, I went out to give some siftings to my fowls and as I turned round again to go back to the Hut, I saw a young Man with a musket and a Pistol and a pouch tied round his waist, he had also a knapsack on his shoulder – I exclaimed on seeing him Hello , how are you there, and I saw at once he was a Bushranger, he went into the Hut and took some Tea, Bread and meat, Haywood remained in the hut and conversed in a friendly way with him and I found from their conversation that the stranger had lived as servant with Dandy White and that Haywood had known him there; the stranger then went away taking some tobacco and some Gunpowder with him, William Haywood remained in the Hut and shortly afterwards Clayton’s shepherd whose name I do not know, but who goes by the name of Jack the Goatman came to the Hut and asked if Mr McRae was there, I then told him the story which Haywood had desired me to tell him – the shepherd then went away I appeared to be as friendly as ever with Haywood and said to him surely you have not left that poor

p115

man’s body for the crows to eat, he said the Bugger is laying in the long Grass and I will dig a hole for him and put him in in the morning in the course of conversation I asked him how it was that McRae had not taken a shot at him as well and Haywood then told me that as they were walking together he began to praise McRae’s Gun and that he asked McRae to let him measure which was longest in the barrel his Gun or McRae’s that McRae put his Gun into Haywood’s hands and that Haywood then ordered McRae to go a certain distance off him and say his prayers for that he had not long to live. Haywood said that he then shot McRae and afterwards shot his two Dogs which must have been the three shots I heard fired, I let the conversation drop and said nothing more about Mc Rae but was as civil and as friendly with Haywood as usual, being afraid that he would go into the Bush and watch his opportunity to kill me if he suspected I gave any information about him, night came on and I went to Bed with my little Girl, Haywood slept on a Bed in the Hut near the Door, I could not sleep and just at break of day, I saw Haywood get up take a spade and go out. I got out of bed and watched through the corner of the Door and saw Haywood proceed in the same direction that he and McRae had gone, I made a cup of Tea and afterwards raked the fire up just as it was then he went out and laid down on my bed again; about two hours afterwards Haywood came in and I saw that the spade was not quite dry and judged from that that it

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could not be too far off to the body, Haywood told me that he had been burying McRae as I was anxious that the crows should not devour his body, I told him I was glad he had done that – this was Sunday morning Haywood continued in the Hut and about the middle of the day one of Mr Walker’s shepherds called “Jem” came to the Hut and said “is it not a droll thing that McRae has not come home I called at his Hut and found the fire all out” Haywood made answer “the mistress can tell you about his” and I accordingly repeated the same story that I had told to Clayton’s shepherd, and the shepherd Jem said, he supposed the natives had go the upper hand of him and killed him, Haywood said God knows they killed one of Lawrence’s shepherd’s a few days ago – this lad Jem staid a short time and I could not get an opportunity of speaking to him in the course of the next day, Jem came again to the hut and I said to Haywood I wish you would chop me some of that wood for the fire, he said yes and went out to do so and while he was out I had just time to whisper Jem to tell Clayton’s shepherd to go immediately to his master at Norfolk Plains and tell Mr Clayton to come out with a strong party as my life was in danger and if any one was at the Hut when he came to call me out of the Hut Haywood then came in and Jem shortly afterwards went off saying that he would go and look after his cattle, this was Monday, about an hour afterwards Jem came again whistling by the Hut, he came in and sat down and just then two cows got into my garden and

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Haywood went out to drive them back Jem then said that Clayton’s shepherd would not go down without he knew what he had to tell his master I then told him to say that Brady and his gang were coming repeatedly to the Hut and that I considered my life in danger Haywood remained at the Hut Monday night and all day on Tuesday and Tuesday night – about eight o clock my Husband and a Man named Western (Weston?) came in on Wednesday morning William Haywood left the Hut and I told Western the particulars and desired him to go at once to Henry Clayton and report it to him, on Thursday morning Mr Joseph Archer and Mr Lawrence’s overseer came to our Hut and shortly afterwards some soldiers came up with Haywood handcuffed and took him away to Norfolk Plains; I think I can find the place where Mr McRae is buried, these five Books and this knife are the property of the late Mc McRae – I heard the late Mr McRae say last Saturday morning that he had about three hundred and fifty sheep, these are now at my Hut some sugar a jacket a shirt and a plaid belonging to the late Mr McRae

Ellen Houndslow’s mark

Sworn before me this 4^th day of February 1826 at Woolmer’s

Van Diemen’s Land

signed

Tho: Archer JP

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The information of Ellen Houndslow who being first duly sworn saith this spade has been in use at Saltmarsh’s Hut where I resided upwards of eighteen months it was always kept in the Hut and used as a fire spade, I swear it was this very spade which William Haywood took out with him on the morning after he had murdered Mr McRae /namely the Sunday morning/ and which I saw him bring back again to the Hut with some wet sticky soil upon it and he then told me he had been burying McRae I have not seen Clayton’s shepherd since he came down to the Hut on the day Mr McRae disappeared I have not seen Jem/Mr Walkers Shepherd/ since I sent him with the last message to Clayton’s shepherd on the Monday after Mr McRae’s disappearance, I have not seen John Western (Weston?) since the Wednesday morning after Mr McRae’s disappearance when I told him to go to Henry Clayton to report what had taken place. haywood had his musket with im when he left our Hut with McRae but he did not bring it back with him, I do not recollect any thing further.

Ellen Houndslow’s mark X

Sworn before me this 17^th day of February 1826 at Woolmer’s

Van Diemen’s Land

signed

Tho: Archer JP

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Cornwall

Van Diemen’s Land

To Wit

The information of Samuel Houndslow who being first duly sworn saith I am a servant of Mr William Saltmarsh’s and reside upon his stock farm under the western mountains behind Norfolk Plains; about an hour before sunset on Friday the 27^th day of January last, I left my Hut with some cattle which I was going to take down to my master’s farm at Norfolk Plains, I passed by Mr McRae’s Hut and saw him and Mr Clayton’s shepherd /who goes by the nick name of John the Goatman/ getting some sheep into the yard, I went on as far as Mr Abraham Walkers Stock Farm about four miles and a half from my Hut and there I stopped that night, there were three of Mr Walker’s men in the Hut, two of whom are named James and one Sam, I do now know their surnames – on Saturday morning the 28^th of last month I left Mr Walkers Hut and got to Mr James Davey’s about twelve or on o clock I stopped to get some refreshment and went on in the evening to my master’s farm, where I remained Saturday night, Sunday, Sunday night, Monday and Monday night and on Tuesday morning between eight and nine o clock I set off on my way back to my Hut, I called at Mr Walker’s Hut and there saw Mr Walker’s three men and Mr Clayton’s shepherd, but none of them said a word to me about Mr McRae’s disappearance, I went on to Mr McRae’s Hut and there saw a man named John Western who told me he thought

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Mr McRae has lost and had been killed by the natives; and said his reason for thinking so was from what my wife had told him, Western said that he heard from my wife that Mr McRae had not been seen since Saturday which was the day after I left my Hut to go to Norfolk Plains, it was just dark when I arrived at Mr McRae’s Hut and when I left it on my way home John Western accompanied me – when I got home which might be about nine o clock on Tuesday night I found my wife and child and William Haywood a servant to Mr Joseph Archer there – as soon as I entered the Hut I asked my wife when she saw Mr McRae last, she told me that he came into my Hut on the morning of Saturday the day after I left home, threw off his jacket took up his Gun and sent away saying that the natives were up at the blind creek which is within a short distance of my Hut and that she did not see him afterwards, William Haywood was present but did not say a word, I had no conversation with Haywood I went to bed very shortly after I got home Haywood was then sitting on a spare bed place in the room, when I awoke in the morning about six o clock Haywood was gone and I do now know how long he remained in the hut after I went to bed my wife did not say anything further to me that night, nor did I observe that she was agitated or uneasy I have heard Mr McRae say that he had every reason to believe that William Haywood had stolen some of his sheep and that he had accused Haywood of having done so, Mr McRae never told me that he was apprehensive of William

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Haywood doing him any personal injury the last time I saw Mr McRae was on Thursday the 26^th January the day before I left home for Norfolk Plains he came to my Hut to give me two Letters to take with me, Haywood has frequently called at my Hut and I do sear that after he returned with the shorn sheep from his master’s farm on the lake River to the Stock Farm near my Hut he William Haywood did stop at my Hut all night two different times and these two different times that he slept at my Hut all night were within a fortnight or three weeks before I went to Norfolk Plains on the 27^th January last – my wife told me the night I reached home that a Bushranger had been to the Hut and the next morning Wednesday I desired John Western to go and report it and he said he would go for Mr Fletcher the district Constable and inform him of it, but about an hour afterwards Western said he would go and report it to Mr Archer the Magistrate at Norfolk Plains – on Thursday morning the second of this month, I saw Constable Trumpeter and a soldier bring William Haywood by my Hut handcuffed but I did not know what offence he had committed not why he was taken in as a Prisoner nor did I know what he was accused of until I was brought before Mr Archer on Saturday last the 4rh of this month, my wife had not mentioned a word to me on the subject, I went out with a Party on Sunday morning last to search for the Body and after searching about in every direction on Monday last we found a spot where there was a quantity of Blood which from the appearance

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might have been there about ten or twelve days or perhaps a less time, we continued to march about and found a place where a person had begun to dig with a spade on the bank of the creek and a Man named Thomas Watson tried my spade on the place and found it fit the marks exactly, I saw it tired, in fact I tried it myself; close by the spot where the piece of earth had been cut out with the spade, there was a hole in the bed of the creek about eight or ten feet square and from observing the piece of ground cut our with a spade on the bank we thought the body might be in there but after a long search we could not find any thing of it, close to this large Hole there appeared to have been a large fire made within the last eight or ten days, but we could not discover anything there, we continued to search on Tuesday and on Wednesday, I did not go with the party having to look after the bullocks, Mr Davey and Constable Trumpeter continued to search on Thursday we returned to Norfolk Plains

Saml Houndslow’s

mark X

Sworn before me at Woolmer’s Van Diemen’s Land this tenth

day of February 1826

Tho Archer JP (signed)

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The information of Samuel Hounslow who being first duly sworn saith, this spade is mine I have had it upwards of three years, it was used at the Hut where I lived as a fire spade, I tried this spade in the hole in the back of the creek where the spit of earth had been removed, it fitted the hole exactly there was some blue clay on the back of it which appeared to have been on some time, the soil of the hole where the spit had been taken out was exactly of the same kind and colour as that on the back of the spade, the soil about the Hut where I lived is of a sandy nature.

Saml Hounslow’s mark X

Sworn before me at Woolmer’s Van Diemen’s Land this 17th

day of February 1826

Tho Archer JP (signed)

The information of Constable Richard Trumpeter who being first duly sworn saith on the morning of Thursday the second of February instant I apprehended William Haywood at his master’s Stock Hut under the Western Mountains, when I approached the Hut where this man lived I perceived a man running across the Hill, I desired him to stand he did so, I asked him where he was going to he said after a knapsack of William Haywood which was planted in the woods, he told me and Corporal Barrett who was with me that he was not the liar we wanted that Haywood was in the Hut – on Sunday last

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I went with Constable Gadsby, Mr James Davey, and some others to search for the body of Mr McRae on Monday last we found a place on the bank of the creek where a spit of earth had been dug out with a spade, I saw the spade which was brought from Saltmarsh’s Hut tried in the hole and it fitted exactly, there was a deep hole in the creek close to where the spit of earth had been taken out and a large fire had been made on the bank close by, we proceeded in further search and about eighty or ninety yards from the hole in the creek we found a spot where there was a quantity of blood upon the ground, we continued our search and on Tuesday evening we saw two of Mr Joseph Archer’s men near the hole in the creek on the opposite side, they went off when they saw us, we called them back and I found that one of them was the man who was staying with Haywood when I went to apprehend him and the other was a man who had been sent up in place of Haywood, after sometime and some conversation which Mr Davey had with them they went away – on Wednesday morning we went over to the other side of the creek where we had seen Mr Archer’s two men and after searching some time we found where a large fire had been made about a hundred yards from the hole in the creek we examined the ashes and found some remains of Bones almost entirely consumed with fire we brought home this small quantity, some sheep had evidently been driven backwards and forwards over the fire with a view to destroy the traces of it, It was evident that some person or persons had been raking the ashes

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seemingly with their fingers, I am quite sure it was not a bullock that had been killed where we found the blood, there were no marks of struggling, or of a heavy weight having fallen there nor any dung or hair we considered that the body had been burnt and therefore returned last night to Norfolk Plains, we left the space at Mr Saltmarsh’s Hut, we brought down two hundred and seven sheep belonging to Mr McRae also a jacket, a hat, a waistcoat, and some Sugar also a knife.

Richard Trumpeter’s mark X

Sworn before me at Woolmer’s Van Diemen’s Land this 10th

day of February 1826

The information of Constable Richard Trumpeter who having first duly sworn saith on Tuesday last I accompanied Mr Clayton district Constable by order of Mr Archer to Saltmarsh’s Hut to make further search and to sift the ashes of the large fire where the body of Mr McRae was supposed to have been burnt with a view to discover any Buttons or nails that might have belonged to the clothes or Shoes of the deceased, I sifted the ashes but could not discover a button or a hail, I found a few pieces of bone which Mr Clayton has in his charge, I brought the spade down form Saltmarsh’s hut, this is the Spade which we tried in the hole on the bank of the creek where the spit of earth had been taken out and which fitted the hole exactly, I observed some blue clay sticking

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to the bottom and the back of the spade and I observed particularly that the soil in the hole where the spit had been taken out was exactly similar to that on the spade, I found this hooked stick close by the Hole in the creek beneath the bank where the spit of earth had been taken out, it was in one piece when I found it and I broke it to carry it more conveniently Mr Clayton saw me break it there was no Tree from which this stick could have fallen within fifty yards of the spot where I found it, the grass round the large fire where the remains of Bones were found was burnt to the distance of about five or six yards and had then been put out apparently or it would have spread through the plains.

Richard Trumpeter’s mark X

Sworn before me at Woolmer’s Van Diemen’s Land this 17th

day of February 1826

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Cornwall

Van Diemen’s Land

To Wit

The information of Mr James Davey who being first duly sworn saith, I reside upon Norfolk Plains, last Saturday week the 28^th of January last about the middle of the day Samuel Hounslow Mr Saltmarsh’s servant came to my House with some cattle belonging to his master, he remained to get something to eat and then went on to his masters farm and last Tuesday week he called again at my House on his was back to his master’s stock farm – on Sunday last I accompanied Constable Trumpeter and Gadsby and Samuel Hounslow with several others to the Stock Farm of Mr Saltmarsh for the purpose of searching for the Body of Mr McRae who was supposed to have been murdered in the neighbourhood, we reached the place on Sunday night and on Monday morning we went in search of the Body in the direction which Mrs Hounslow said she had heard the Guns fired; we examined the swamp and then the creek and on the bank of the creek I found where one spit of earth had been taken out with a spade and in the bed of the creek we observed a large hole, thinking that the body might be in this hole we searched it very narrowly but could not find it, we had brought the spade from Hounslow’s Hut and Hounslow tried it in the hole from which the spit of earth had been dug and it fitted the place exactly, I examined the spade and found on the back of it some earth of precisely the same kind as that in the hold from which the spit had been taken, the spade was an old spade that appeared

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to have been used about a fire, the earth on the back of this spade was a bluish clay, the earth about Saltmarshs’ Hut is of a light sandy nature, we saw close to this Hole the remains of a large Fire, a much larger dire than People who go fishing at night are accustomed to make, we then proceeded in anther direction and about two hundred yards from the spot where the earth had been dug with a spade and the remains of the fire and a hole in the bed of the creek were, we found a quantity of blood upon the Ground, this is a part of what we found there, there was a considerable quantity of blood in two places about a musket length apart and we week led to suppose that Mr Mc Rae might have been shot there and form thence conveyed to the Hole in the creek, we could not find the least vestige of Hair or offal nor any remains of clothing, we continued our search all Monday without success and on Tuesday we went again, and about three o clock in the afternoon we observed two men within about one hundred yards of the Hole in the Creek, on the opposite side to where we had found the remained of the Fire, when these two men perceived us they made off in an opposite direction, I called to them and they came up I found that they were two men of Mr Joseph Archer’s I asked them in they knew any thing of that fire or who made it, the tallest of the two said that he had made it himself, I asked him when and he said last Saturday was a week, Trumpeter than asked him whether he had heard any Guns fired that day, he said he did not, I was told by Trumpeter that this man who said he had made the Fire was the one who had been living with Haywood before

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Haywood was apprehended and Trumpeter said that when he and the Soldier went to apprehend Haywood they first Person they saw was this man and that when they commanded him to surrender this man said “I am not the man you want,” I asked the man what he meant by saying that; he replied that he knew he had done nothing wrong; before the man could make any answer, his comrade said, he knew there was something wrong by my coming up from my master that morning in a bustle, these two men then went away – from seeing them there without any stock I suspected that the body might be somehow near, the next morning, Wednesday, I went with constable Trumpeter over to the other side of the creek where we had seen these two men and within a short distance of the spot where they were when we first saw them I perceived that the top of the standing green tree had been burnt by a fire, this was on a place called Snake Island, I searched about and found where a large fire had been made in the fork of a large fallen tree, we overhauled the fire suspecting that the body might have been burnt there and found some remains of bones, here they are, they were longer and more distinct when we found them but have gone chiefly into powder since – the fire had certainly been overhauled by some persons before we got there and sheep had been driven backwards and forwards over it and what is remarkable is that the sheep did not appear to have been driven in any other part of the swamp or place called Snake Island; this last Fire was not more than one hundred yards from the hole in the creek * where the spit of earth was taken out of the bank and not more than three hundred yards form the spot where we found the blood and form the spot where the blood was to the hold in the creek – and thence to this last fire was nearly in a straight direction, we were now

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fully of opinion that the Body had been burnt and that further search was useless, accordingly we returned to Norfolk Plains last night – we left the Spade at the Hut of Mr Saltmarsh, we bought down from Saltmarsh’s hut, a hat, a waistcoat, a Rug, a coat, and a small quantity of sugar, and we bought down also from John Western two hundred and seven sheep and Lambs which Western said were all that belonged to Mr Mc Rae, the ear mark of these sheep is half the back of the right ear cut off a hold in the left ear and swallow tailed – I am quite sure if was not a bullock that had been killed where we found the blood, there was no marks of struggling nor of any very heavy body having laid on the ground not was there any Hair or dung, I am quite persuaded that it was on that very spot that Mr Mc Rae was killed the direction from Saltmarsh’s Hut and the distance from the Hut which is about a mile and a quarter to where we found the blood, quite agree with what Mrs Hounslowtold us, to guide us in searching for the Body.

James Davey’s mark X

Sworn before me at Woolmers

in Van Diemen’s Land this 10^th day

of February 1826

signed Tho: Archer JP

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Cornwall

Van Diemen’s land

To Wit

The information of John Western who being first duly sworn saith, I am a free man and resided with Mr McRae at a Hut at the back of Norfolk Plains fro about ten months up to the time of his disappearance. I reside still in the same Hut, my sheep and Mr McRae’s run together and we used to mind the flock jointly, at the time he disappeared I had one hundred and forty wether rams and Lams and Mr Mc Rae had two hundred and ten sheep and lambs making in the flock altogether three hundred and fifty sheep and Lambs – when I returned to the Hut from which I had been absent on last Monday week the 30^th January last, I found it quite deserted and there did not appear to have been a fire there for a day or two; I then went to Saltmarsh’s Hut where Hounslow lives to get some fire and to enquire about Mr Rae; Hounslow was from Home and I found at the Hut William Haywood and Hounslow’s wife and child I asked Mrs Hounslow when she saw McRae last, she said she had not seen him since last Saturday between ten and eleven o clock, that he came there on Saturday morning about six o ‘ clock brought some of the sheep there and put them in the yard, that he stopped in the Hut till near seven o clock then went home as he said to get his breakfast and collect the rest of his sheep as he said he expected Mr Clayton’s Shepherd jack the Goatman at three o clock to draw some

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of his Master’s sheep off that had joined; that he Mr McRae returned between ten and eleven of clock with a bout twelve sheep, went into the House in a bustle, threw down his jacket took up his Gun and said that he saw the natives up the blind creek and would go after them and that he then went away and she had seen nothing more of him; Haywood kept in the Hut all the time I was there and observed that People in the bush were always in danger of Natives and snakes and that the natives had been on his Run two nights before and that he had fired two rounds at them, Haywood also said that a man of Mr Lawrence’s had been killed by the natives about a week before. Haywood’s clothes appeared quite clean, I took some fire and went away leaving Haywood at the Hut the next day I went up the Blind Creek in search of Mr McRae but could find no trace of him, not could I see the least trace of the natives having been there and I do not believe they had been there on Tuesday night this 31^st January last, I heard a noise of someone driving cattle across the creek and got up, shortly afterwards Samuel Hounslow appeared with some cattle, he called out McRae is Johnny come home, meaning me John Western, I answered, I am home “but McRae has been killed I believe by the Blacks,” he was surprised and appeared sorry to hear it, I told him what his wife had told me the day before, I said to him I will go home with you and hear what she says about it today, when we got to Saltmarsh’s Hut we found there William Haywood with Mrs Hounslow she was in bed and Haywood was sitting on a bedplace

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near the Door Mrs Hounslow told her husband exactly the same tale about McRae that she had told me before and she also said that there had been a Bushranger there on Sunday who had taken away some tobacco and some Gunpowder. William Haywood slept there that night in the same bed with me and got up soon after daylight one Wednesday morning and went away, I got up shortly afterwards and was going away when Hounslow said you had better stop to breakfast, I did so Hounslow then went out to milk a cow and I went for a bucket of water but before this we were all three in the Hut together /Hounslow, his wife and myself/ and while Hounslow’s back was turned his wife faced round to me and made a sign that she had something particular to say to me motioning to me not to speak, when I returned with the water she was alone and she said to me “don’t report MrRae as being killed by the natives, he is murdered and Billy [meaning Haywood] did it” and that he had killed McRae and a little Dog of mine and another belonging to McRae also, Mrs Hounslow then begged of me not to speak to any one about it on the road but to go at once and tell Mr Clayton the particulars and beg of his to come up with a Party to take Haywood and to bring a cart and Bullocks to bring her away, for that she was in fear of her life, she told me particularly not to say anything to her husband, as Billy and he were so intimate he might give Haywood a hint and who would go into the Bush and return some day and kill her, as he had threatened to do so if she said a word about it, she had not time to say any more

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her husband coming in with the milk, after breakfast Hounslow said, if you stop till tomorrow I’II go to Fletchers (the District Constable) with you as you don’t know the way so well as me, he then went out and Mrs Hounslow again begged of me to go to Mr Clayton’s immediately as she was afraid of her life, the woman appeared to be very much frightened and her eyes were swollen with crying, I told Hounslow that I must go home first and as soon as I got to the Hut I started off immediately and came straight to Mr Clayton the district constable at Norfolk Plains, I have not see Mrs Hounslow since nor have I heard or seen anything of McRae, nor either of the Dogs, if my Dog was alive it would come back I am sure, the natives would not have killed the Dogs, they would have taken them away – I was at Saltmarsh’s Hut on Christmas eve with MrMcRae, Haywood came there at night and stopped till the morning of Christmas Day; I have heard MrMcRae say that he had accused Haywood of stealing some of his sheep and he had after said he would report Haywood being off his master’s stockfarm but I never heard McRae say that he was afraid of Haywood doing him any personal injury I am not aware that there are any account books or papers belonging to MrMcRae at the hut, I believe the most of Mr McRae’s clothes &c are at Mr McDonalds at the Royal Oak Hobart Town, there is nothing at the Hut belonging to Mr McRae but an old plaid waistcoat, a scotch cap and an iron Pot, I delivered two hundred and ten sheep and lambs the property of Mr McRae to Constable Trumpeter and Gadsby

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on Wednesday last the 8^th day of February instant and there are no more sheep or lambs belonging to Mr Mc Rae up there – the twelve days that I was from the Hut I spent as follows, the first night at John Steven’s which was last Tuesday three weeks the 17^th January, I then went into Town and remained from Wednesday till the following Monday the 23^rd January at Mr Houghton’s at the Globe Tavern Launceston, on Monday night I came to John Steven’s at Norfolk Plains where I remained until Sunday morning the 29^th January on Sunday night I stopped at Mr W.F. Bakers at Norfolk Plains and on the following day Monday the 30^th January last I returned home as I have already stated.

Signed John Weston (copy signature)

Sworn before me at Woolmers

Van Diemen’s Land this 11^th day

of February 1826

signed Tho: Archer JP

The information of James Stewart who being first duly sworn saith I am one of Mr Abraham Walkers stockkeepers and live upon his farm under the western mountains, last Sunday week I went to Saltmarsh’s Hut to get a pair of Pinchers which Samuel Hounslow had borrowed, Hounslow was not at home, but his wife and child were there and so was William Haywood, I called at MrMcRae’s Hut as I went to Saltmarsh’s and found the fire was out and when I got into Saltmarsh’s Hut I said it was a curious thing that McRae was not at home and that there was not fire in his Hut, Mrs Hounslow then

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told me that McRae went after the natives on Saturday and that she had not seen any thing of him I stopped there about an hour and then returned home William Haywood remained at Saltmarsh’s hut, it was about ten o clock on Sunday morning when I got to Saltmarsh’s Hut, on the following day last Monday week, I called again at Saltmarsh’s Hut on my way looking after some on my master’s cattle which were stray namely four head, I went into the Hut and lighted my pipe Mrs Hounslow appeared very downhearted and uneasy, and soon after I went into the Hut she took me of one side, out of hearing of the little Girl and whispered to me to go immediately to Clayton’s Shepherds and tell him to go down to his master at Norfolk Plains and beg of him to bring up a strong party, for that he life was in danger and she said if Haywood comes in while you are here do not say a word to him about it and she pressed me to go off immediately for hear Haywood should see me, I went away, saw Clayton’s shepherd and told him what Mrs Hounslow wanted him to do, he said he would not go down without a fair understanding of what he was going for, for fear of getting into trouble, I left him and returned back to Saltmarsh’s Hut and there I found William Haywood, I went in and began to smoke Mrs Hounslow asked Haywood to cut a little wood for the fire, he went out to do so, but did not go more than six yards from the Door while he was out I whispered to Mrs Hounslow what Clayton’s shepherd said she then whispered me to tell him to say that Brady and his Gang had been there three or four times and that she was afraid of her life and to tell Mr Clayton when he came up, if there was any one in the Hut

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with her, to call her outside first and protect her as she was in danger of her life, Haywood then came in with the wood, I remained a short time and wished them good day, went to Clayton’s shepherd and told him what to say and he came on that same night to our hut on his was to his master’s; Haywood remained at Saltmarsh’s hut when I left it to go to Clayton’s shepherd, I have not spoken to Mrs Hounslow since. yesterday fortnight I was over the chief of Mr Joseph Archer’s Run and did not see any natives nor any Fires of traces of natives having been there; it is a fortnight last night since Samuel Hounslow came to our Hut with some Cattle which he said he was taking down to Mr Saltmarsh’s at Norfolk Plains Laverty and I had just returned from going round Mr Joseph Archer’s Run in search of my master’s cattle and I was at the Hut when he (Hounslow) came back from Norfolk Plains on the Tuesday following with some other cattle on his way home, I know nothing more.

James Stewart’s mark X

Sworn before me at Woolmers

Van Diemen’s Land this 11^th day

of February 1826

signed Tho: Archer JP

The information of John Dugard who being first duly sworn saith, last Thursday week I accompanied my master Mr Joseph Archer about an hour before sunrise to the stock farm under the western mountains, I went on a head to the Hut when I arrived there I found Haywood and Symonds counting the sheep Haywood said to me what is the matter Dugard

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I said I don’t know Haywood, my master is coming up to count the sheep; he then said I suppose I am going into camp meaning into Launceston and he then told Symonds to go and fetch his knapsack saying that he would take that with him, he left off counting the sheep that minute and said again to me Dugard am I not going into Camp, I said yes I think you are Symonds then went off after his knapsack and met Corporal Barrett and Constable Trumpeter who brought him back and after they had secured Haywood they let Symonds go to bring the knapsack and he went and brought it down the corporal and constable took Haywood away with them handcuffed, the next day about twelve or one o clock I went with Symonds up the creek on Saltmarsh’s side and we came to a place where there had been a large Fire made opposite a large hole in the creek, I asked Symonds what that Fire could have been made for, he said he had made it to fish by, in the hold, it seemed to have been made about three or four days and was much larger than what people made for fishing Symonds has frequently asked me how I thought Haywood was getting on, Symonds told me that Haywood came home directly after the firing and that he asked Haywood what it was and Haywood said it was the Bushrangers firing at the natives and that Haywood got a piece of victuals to eat and when he had finished went off again immediately, he never told me anything else nor did I observe any thing about the place at all suspicious

John Dugards mark X

Sworn before me at Woolmers

Van Diemen’s Land this 11^th day

of February 1826

signed Tho: Archer JP

p139

Cornwall

Van Diemen’s land

To Wit

The information of James Laverty who being first duly sworn saith I recollect perfectly well Samuel Hounslow coming to my master’s Stock Hut where I live yesterday fortnight, he came there just at night with some cattle on his way to his master’s at Norfolk Plains and remained all night the next morning a fortnight to day he went on towards Norfolk Plains and he called at our Hut on the Tuesday evening following on his way home again James Stewart did not say anything to me about Mr McRae being missing nor did he tell me that Mrs Hounslow had sent him on an errand to Clayton’s shepherd to request him to go into town for a party of Troops I was over great part of Mr Joseph Archer’s run yesterday fortnight with James Stewart and did not see any natives, nor any fires of the natives any where near.

signed James Laverty

Sworn before me at Woolmers

Van Diemen’s Land this 11^th day

of February 1826

signed Tho: Archer JP

The information of John Price who being first duly sworn saith, I am a free man and live as shepherd to Mr Henry Clayton at his stock farm under the western mountains near Saltmarsh’s stock farm behind Norfolk Plains. I went to the Hut of Mr McRae under the western mountains on last Saturday fortnight about seven o clock in the morning I saw Mr McRae who appointed

p140

me to meet him at his own hut about three o clock on that day to draw three sheet put of his Flock belonging to my master and he told me if he was not at his Hut when I came there I was to follow him to the Hut of Sam the Butcher that is Saltmarsh’s Hut I returned home and Mr McRae went after his sheep accordingly about three o clock on that day namely last Saturday fortnight I went to Mr McRae’s and found that he was not there, I then went on to Saltmarsh’s Hut there I found Mrs Hounslow and a Man who is called Billy the Flat a servant of Mr Archer’s, I enquired if Mr McRae had been there and left some sheep for me Billy the Flat said no, he has left his sheep outside the yard and went away into the Bush leaving his Musket there and that he Mr Mc Rae presently came running back and said he had seen the natives and took his musket and went after them, I do not recollect Mrs Hounslow speaking at all, she seemed to be quite terrified and I thought at the time that probably Billy the Flat might have been taking liberties with her, I went home, about one of two o clock on the day /Monday/ fortnight one of Mr Walker’s stockmen called Jem came to my hut and said Mrs Hounslow had desired him to tell me to go to Mr Clayton’s and request him to come with a party to her Hut and for Mr Clayton to come himself I told him I did not like to go in upon such a story as that, that I must know what the party was wanted for, Jem went back and returned shortly afterwards saying that, the reason she wanted a party was that Brady had been there three or four times and that she was afraid of her life; I gathered my sheep together and went that

p141

night as far as Mr Walker’s Hut on my way to Mr Clayton’s, on the following day I saw Mr Clayton and told him what the woman had sent me word by Jem, I have not seen any thing of Mr McRaes since last Saturday fortnight, nor have I spoken to Mrs Hounslow since last Saturday fortnight, I go by the nick name of Jack the Goatman.

John Price’s mark X

Sworn before me at Woolmers

Van Diemen’s Land this 13^th day

of February 1826

signed Tho: Archer JP

The information of William Saltmarsh who being first duly sworn saith I reside at Norfolk Plains, Samuel Hounslow is a hired servant of mine and lives upon my stock farm under the western mountains about twenty miles at the back of Norfolk Plains, I ordered Samuel Hounslow to bring in some fresh cattle to the farm where I reside and to take back some others about the middle of January last, but the cows had not calved in time and he did not comedown with the cattle till the last Saturday in January, he arrived in the evening of that day and he remained at my House form Saturday evening till the Tuesday morning following about eight or nine o clock and then I sent him back with some other cattle to the stockfarm

William Saltmarsh’s name X

Sworn before me at Woolmers

Van Diemen’s Land this 13^th day

of February 1826

signed Tho: Archer JP

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the examination of William Haywood who saith I am an assigned servant to Mr Joseph Archer and have resided for upwards of a twelve month upon his farm under the western mountains, in charge of a Flock of Sheep belonging to my master, I never had been at the Hut where Hounslow lives for three days altogether, I knew Mr McRae the last time I saw him was last Thursday week in the morning, Hounslow and he were together, I slept at my own hut on that night and have not slept away a single night from my own Hut during the last three weeks, I was at Hounslows Hut on last Tuesday night when Hounslow and Western returned, I was at Hounslows Hut on last Saturday afternoon when Mr Clayton’s shepherds came there and asked in Mr McRae was there, Mrs Hounslow told him that Mr McRae had been there early and left some sheep that he went to look for some more and presently afterwards came running back and said the natives were there, they he threw down his jacket took up his double barrelled Gun and went away again and that he had not returned, I have nothing further to say

William Haywood’s mark X

Sworn before me at Woolmers

Van Diemen’s Land this 4^th day

of February 1826

signed Tho: Archer JP

p143

Cornwall

Van Diemen’s Land

To Wit

The examination of William Symonds who saith it is a month last Tuesday since I was sent up from Mr Joseph Archers farm on the Lake River with William Haywood in charge of a Flock of Sheep to the stock farm belonging to my master about a mile and a half from Mr Saltmarsh’s Hut where Hounslow resides William Haywood as been away all night from the Hut t my masters stock farm five or six different times during the month I have been there with him, he used to tell me overnight that he should go and be out with the Sheep but he never took a Blanket Rug or Coast with him, when he returned in the morning he did not say anything to me, his musket he always kept concealed in the Bush but where I never knew, William Haywood told me about three weeks ago that Hounslow would soon be going down to Norfolk Plains with some cattle and on the afternoon of yesterday /Friday/ fortnight he left the hut about four o clock saying that Hounslow was going down with the cattle and that he was going to help him across the creek with them, Haywood went away accordingly and did not return that night to our Hut; the next day /Saturday/ between twelve and one o clock I heard three Guns fired in the direction between Snake Island and Clayton’s Bridge, which is about half a mile above Snake Island; two of the Guns went off very quick one after the other and the third about three minutes after the other two, about an hour before I heard the Guns fired Haywood who had been home and had given me some soap to wash my

P144

Clothes had gone away again and he remained away all that night; the following morning /Sunday/ Haywood came to the Hut about nine o clock, I asked him f he had heard the firing yesterday he said it was a Bushranger who had come across some natives and had fired three shots at them and that he had seen a Bushranger at Hounslow’s Hut who had told him so, Haywood asked me threee of four different time if I had mentioned to any one my having heard the firing I said I had not and he desired me not to tell any one, we then went round the sheep together and he left e on the Run and he remained away form our Hut all that night, the next day /Monday/ Haywood came to t the hut but at what hour or how long he stayed I do not recollect Haywood went away and did not return again to our Hut all that night, on Tuesday afternoon I fell in with Haywood on the Run and I was going round the sheep, about half a mile below Snake Island, he did nt come to the Hut at all that day nor did he return to the hut all that night; on Wednesday morning, Haywood came to the Hut about nine of clck and got his Breakfast he then went round the run with me and we collected all the Sheep and brought the to the yard at our Hut intending to count them the following morning – Haywood remained what the Hut all that night, on Thursday morning while we wee counting the sheep John Dugard another of Mr Joseph Archer’s men came there, Haywood asked Dugard what was the matter Dugard said there are some Men coming up to take you into Town, Haywood immediately left off counting the sheep and asked me to go and fetch his knapsack which was planted in the Bush, I went after if and on my

P145

Way fell in with Corporal Barrett who called to me and I went up to him, he said he wanted me I replied I am not the man you want, having heard from Dugard that it was Haywood whom the Men were coming for, the Corporal took me down to the Hut and when he had secured Haywood told me I might go and fetch the knapsack which I did, Haywood never asked me not did I ever assist in getting a heifer of Hounslow’s or of any other Persons out of the Creek or out of any Bog whatever – the natives have only been once on the run and that was ten days after I first went up with Haywood and then Haywood fired at them, since that time I have neither seen them not their fires I recollect Haywood telling me that McRae had accused him of stealing his Sheep and Haywood also said the McRae had reported his being off the Farm, but I never heard Haywood threaten to do McRae any injury I asked Haywood three or four different times whether any thing had been heard of McRae and he always replied that the natives had got him, I made the fired near the hole on Saltmarsh’s side of the creek to catch eels there, I never saw the remains of a large fire upon Snake Island nor do I know any thing about it.

William Symonds mark Q

Taken before me at Woolmers

Van Diemens’ Land

This 11^th day of Feruary 1826

Signed Tho Archer JP

P146

Cornwall

Van Diemen’s Land

To Wit

The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith four or five days before I was apprehended by Mr Leith’s servants Barrett and Spong I was near Clayton’s Old Hut about a mile from Saltmarsh’s Hut at the back of Norfolk Plains, between eleven and twelve o clock in the forenoon when I was hailed by a strange man who asked me who I was, he had a double barrelled piece in his Hand and immediately he spoke to me I jumped behind a tree and said, I am a stockkeeper he replied ground your arms I had a musket in my hand but no pistol I said I am a Bushranger and if you don’t ground your arms I will blow your brains out he did not ground his arms, I fired at him he returned my fire, I loaded again and fired at him a second time and he immediately fell I reloaded my musket and went to him, he was lying on his back, he wore a straw hat green cloth trowsers a checked shirt and ankle shoes he had a strip of a black silk handkerchief round his hat, he had neither Powder nor shot about him, he had no jacket, waistcoat or neck handkerchief he had only one pocket in his Trowsers, there was nothing in it but some pieces of waste paper, when I fired at him my Gun was loaded with two Balls, I wounded him in the belly, he was taller and stouter than Mr McKinnon his hair was about the colour of Mr Sinclair he had whiskers about the same colour as his hair they were

P147

Not very large – the place where I shot him was about four hundred yards from the Bridge over the Creek between Clayton’s old Run and Mr Archer’s Run, and below the Bridge, I dragged his body ten or twelve yards towards the creek where there was near a cart load of old dead wood which I threw upon the man I had shot and set fire to it, he had a black and white Dog and a red and white one with him, I coaxed these dogs to me they were little cur dogs I tied a stone round the neck of each of them and drowned them in the creek near the fire which was close to the creek I stopped a few minutes until the fire was well lighted, I took nothing from his person, but burnt his straw hat with the rest of his clothes and the Body I should have taken his shoes but they were too small for me, there was some high bladed grass where I made the fire, I examined the man’s double barrelled Gun both Barrells were unloaded I tied some brown paper round the lock with an old black silk Handkerchief and hid the Gun in an hollow fallen tree that laid about fifty yards from the Creek and three hundred yards above the Bridge on the same side as Clayton’s Hut; about an hour and a half after I had shot the Man I went to Saltmarsh’s Hut there was nobody there but a woman and child, I told her I wanted sugar and ammunition she said she could not give me any I must take it, I took about a quarter of a pound of Tea, three or four pounds of sugar and half a pound of Gunpowder, I ate some bread and butter and drank some tea and smoked my pipe in the Hut

P148

where I remained about an hour, there was no man in the Hut whilst I was there, I formerly lived with Mr Thomas Whyte of Norfolk Plains. I did not tell the woman I had lived with dandy Whyte, I slept in the forest that night about five miles from the Hut the next night about fourteen miles from the place near the Penny Royal Creek the following night I slept near James Hortle’s Hut, the next night at the Western River about three miles above Mr Leith’s remained there all that day and the next night and was taken about nine o clock the following morning by Spong and Barrett and was taken by them to Launceston and lodged in Gaol – I never saw William Haywood until I saw him in Launceston Gaol.

Taken before me at Launceston the twenty fifth day of February one thousand eight hundred and twenty six

P149

Rex vs William Haywood

Murder

5 symbols of shorthand

5 June 1826

[below in pencil]

Murder of McRae

McRae’s Hill

Blackwood Creek (?)

McRae

Murder

1826

p150

Van Diemen’s land

To Wit

The information and complaint of Thomas Hayes a crown prisoner 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 November in the Years of our Lord One Thousand eight hundred and twenty six which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say): – I have resided in the dwelling House of John Sharman at Launceston since the ninth instant, he was that day sent to the Watch House he is a crown prisoner last night I went to bed about nine o clock as well as Ann Sharman and four young children who were the only other persons in the house. I fastened the door by putting a nail about the latch which went into an iron staple in the Door post before I went to bed about an hour and a quarter afterwards I was alarmed by the barking of the dogs I saw two men near the gate I went to them they were Michael McDonald and John Osborne McDonald said he wanted to see Sharman I told him he was in the watch House he then said he wanted to see Ann I told him she was not within he said I insist on coming in whether she is at home or not; I ran into the House and held down the latch of the Door with my hand the Door was forced open by some Person or Persons outside with

P151

Such violence as to draw the iron staple into which the latch fell Michael Mc Donald immediately came in at the Door and I saw Osborne standing within two or three yards of the doorway I desired McDonald to quit the Premises he said he would not Osborne endeavoured to persuade him to o so he still refused I then requested Frederick Denman and Joseph Chick to take charge of the House to prevent McDonald from going into Ann Sharman’s bed room until I returned when I ordered Mc Donald to go out of the House he said I will not, and I will knock you down if you interrupt me or say anything to you

Thomas Kaye (signed)

PA Mulgrave JP (signed very shaky)

The examination of Frederick Denman a crown prisoner a clerk in the Commissariat Store in Launceston in Van Diemen’s Land taken under oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and it dependencies the eighteenth day of November in the Year of our Lord one thousand and eight hundred and twenty six in the presence and hearing of Michael

P152

McDonald and John Osborne mentioned in the Information and complaint of Thomas Hayes hereunto attached which said deponent upon his oath aforesaid – deposeth and saith a follows (that is to say) I live next Door to the House where Thomas Hayes lodges, about ten o clock last night he called to me I went to the House and aw Michael Mc Donald standing in the entrance of the House intoxicated Hayes said he had broken into the House and requested me to take charge of him until he should fetch a constable a Person named Chick was with me after Hayes went out McDonald tried to get our of the House I struggled with him and was pushed into the Yard where I saw William Anderson and another Man there I went up to them and said what brought you here Anderson immediately struck me a blow upon the side of the head with his fist which stunned me I gave him no provocation Anderson said to me after he had struck me I will soon dispatch you if you interfere again, Chick at this time

P153

Had charge of McDonald

Frederick Hy Denman (signed)

PA Mulgrave (Signed very shaky)

The examination of Joseph Chick a crown Prisoner a Javelin Man 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 eighteenth day of November in the Year of our Lord one thousand eight hundred and twenty six on the subject of the preceeding information and complaint in the presence and hearing of Michael Mc Donald John Osborne and William Anderson which said Deponent on his oath aforesaid deposeth and saith as follows (that is to say) I lodge with Frederick Denman in a House next to that where Thomas Hayes lodges last night about nine or ten o clock I heard Hayes called for assistance I went with Denman and saw a stranger standing in the Room Hayes said he wished we would prevent that person from going into the bed room that he had broken open the Doors Hayes went away leaving Denman the Stranger and I in the House about five minutes after wards

Signed PA Mulgrave

P154 (inserted folded A4 page = a5)

Sir

I beg leave to inform you that George Hacking? In my House wounded? By Brevy & he states to me that he fell in with them? in Roses? Forest he is ? our in my Hoze and I just cam home from Town and I sent my servant of with? All spent? I don’t wish to Disturbe them until you see him your humbell Ser. John Diehn/Dickson?

P155

Received 2 o clock am

Sunday 5^th March

P156

[to] PA Mulgrave

JP Esqr

P157

Cornwall

Van Diemens’ Land

To Wit

March 1826 (in pencil)

The information of John Develin who being sworn saith, I am free by servitude, and reside at the Springs about six miles from Launceston. On a Saturday I think the first Saturday in March instant, I was in Launceston and returned home about eight o clock in the evening, when I found George Hacking in my House, he was wounded in the Head and said he had been shot by Brady the Bushranger that evening and had been at my House about Two Hours; he was lying down upon a bed which my wife said she had provided for him, I examined the wound in his head and was afraid to convey him to Launceston until I should hear from Mr Mulgrave the Coroner, I wrote a note and delivered it to Henry Hart a free man in my service and desired him to go direct to Launceston and if possible to see Mr Mulgrave and deliver to him the note hart returned to my House about eight or nine o clock the next morning I asked him if he had delivered the noted to Mr Mulgrave he said he had, and that Mr Mulgrave had sent him to the Commandant he did not say whether he delivered the note overnight or in the morning it was about

P158

Half past eight o clock on the Saturday night when Hart left my House with the Note.

About an hour ad a half after Hart had returned home on the Sunday morning a number of armed men came to my House I did not count them, there might be six or seven of them, they rushed in at my back door and asked for a wounded man, I told them the wounded man was gone to Launceston in charge of a constable, they enquired how far he was in the Road and one of the added, if you tell a lie you are a dead man, I told them he had left my House about half an hour, they immediately afterwards left my House and in about ten or twelve minutes I heard the report of a Gun or pistol, I never saw either of the armed men before or since.

George hacking was taken away from my House by constable Riley about half an hour before those armed men came into my House

John Develin Isigned)

Sworn before m at Launceston this twenty ninth day of March 1826

PA Mulgrave JP (signed)

P159

John Develin

Information respecting George Hacking

Brady 1826/1827 (in pencil)

P160

Cornwall

Van Diemen’s Land

To Wit

The information of George Hacking who being sworn saith I was shewn a number of prisoners in the Gaol Yard and Launceston this day by the Keeper Mr Gough I could not point out any one of them as the Man that Matthew Brady told me was named Rice near Dugan’s House at the Springs on the day I was shot about the third of fourth of March last, I do not know that I ever worked at the Government Mill at Launceston with any one of those men who have been shewn me – (memorandum) Michael rice being brought into the presence of George Hacking he saith) I do no know that either of the men now present were with the Party of Bushrangers when I was shot on the third or fourth of last march I did not know that any one of those men is named Rice

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I do not know that I ever worked with any one of those men.

George X Hacking his mark

Sworn before us at the Gaol in Launceston the fourth day of January 1827

H Simpson JP

PA Mulgrave JP

The information of Mr William Henry Gough Keeper of His Majesty’s Gaol at Launceston by order of JE Simpson and PA Mulgrave Esquires I placed all the Prisoners confined in the Gaol in a rown in the middle of the yard between three and four o clock this afternoon Michael Rice was amongst them George Hacking stood in front of him some time and they looked each other full in the face Hacking walked slowly along the rows of

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Prisoners and appeared to examine than minutely.

WH Gough (signed)

Sworn before us at the Gaol at Launceston the fourth day of January 1827

H Simpson JP

PA Mulgrave JP

(signed)

p163

bushrangers

Jan 1827

[in pencil]

p164

Cornwall

Van Diemen’s Land

To Wit

The information of George Hacking who being sworn saith, I am under sentence of transportation for seven years, I broke out of Gaol at Launceston last Thursday week about eight o clock at night, I escaped over the paling,, I remained in the Bush all that night and the next day and night, I had no Irons on, I took a loaf with me from the gaol, I went into no House on Friday, on Saturday morning between eight and nine o clock I was near Doogan’s House and turned into the Bush, I soon after heard a voice say, who are you, I went on and a man said, stand fast or I will blow your brains our, come this way, who are you; I went to him and told him who I was, and that I broke out of gaol, he said we are a party, and will take you in he then took me up to six more men, all of them had Muskets, Bayonets and Pistols, he ordered me to sit down, a strange man same up and conversed with him who took me /and afterwards told me his name was Brady/ after they had conversed together about half an hour, twenty yards from the rest of the party, Brady came up to me

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And tied my hands, the strange man called to him, Brady went to him and talked with him five minutes, then returned to me where I was sitting amongst his men, and untied my hands, he then said, I am Brady, you took us for a party did you not, I said I did, he then said will you fancy to join us, it is at your own option to go or stop, I said I would go about my own business, I then got up to go away, he ordered me to sit down and take breakfast, which he said would be ready in a few minutes, the strange man had gone away and returned in about half an hour with some boiled potatoes, and Boiled beef, all warm in two cloths, Brady’s men made some tea, the strange man stopped until we had breakfasted, then spoke apart with Brady and went away, taking the cloths with him, I then asked Brady if I would go, he said no, not till night, the strange man will not allow you to go till night, Brady said the strange man lived at Doogan’s House

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He brought the breakfast from that direction, we were about a quarter of a mile from it, I could see it from the place where we sat, it was nearly all clear ground between us and the House, we sat a little way in the Bush, the strange man was about five feet eight inches high, fresh coloured, he wore blue Trowsers, a snuff? Coloured jacket, a sealskin cap, and had dark hair; he returned in about an hour and brought two Bottles of rum, and went away immediately, I drank some of it, Brady and his party played at cards and drank Rum until about two o clock when the man returned nd brought some more boiled beef and potatoes, which we ate he also ate some he then went away and returned again with another man an hour before sundown, Brady met them before they got to the party, conversed with them ten minutes, when they came to the party this other man was named Rice, he told Brady I had once some men working under me of the Government Mill at Launceston.

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And that he was one of them. I then recollected him but denied knowing him; Brady and his party then planted their knapsacks three or four in number, and a bag of Tea and one of Sugar behind some Trees and commenced buckling on their pouches, and fixing their Bayonets into their straps, Brady then said we must await till the other man come, he is bringing some Grog to us, in about ten minutes another man came up, he was a stiff lump of a man, he was a sulky looking man, and wore a grey jacket and Trowsers and a velveteen waistcoat, the party said he had to fight soon for Ten Pounds at the Cocked Hat Hill, he brought two Bottles of Rum with him, which the party and the three strange men drank and then got up, Rice and the man who last joined the party had a musket each, Brady said they must be at Dry’s before dark to see the ways of the place; he told me to walk alongside of the best man who walked first, if I did not known the way, I asked him to have the goodness

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To let me go about my business, he said, he could not let me go, on account of the three strange men until we had been at Dry’s, and that he should see how I behaved there, we walked about two miles in the Bush until we got near a deep creek, the first man that came to Brady’s Party then gave me a Bottle with some Rum in it, and ordered me to go down to the Creek and make some Grog, Brady was then down in the Creek, the whole party took me down to him, Brady ordered me to sit down, I did so, and he said, do you think you can stop here if you are tied, I said I must stop if I am tied, but I would rather go about my business, he replied, these three men are not willing you should go, Brady tied my hands behind my back with a handkerchief over my face and head, I said, is this is Brady are you going to shoot me” he said, I am, these three men are afraid that you should live, they do not say you have ever

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Harmed any one, but they are afraid you will do, I said, well will you allow me a few minutes to say my prayers before you shoot me, he said no sit steady, there is no time to delay, and immediately a pistol was fired and I felt myself wounded on the left side of my head, I was senseless a short time, and then felt I was being rolled down lower into the bottom of the creek, my hands were then untied, the handkerchief was left on my face, my shoes were taken off, and a great lot of boughs thrown over me, so as to cover me up, I heard one of them say, how quick he died, another said, come on, come on, let us be going, I did not know these voices, before Brady tied my hands he laid a musket and pistol down close to me /after I was covered I heard the party walk away/ I lay there about half an hour, then got up and washed the blood off me as well as I could, my wound was bleeding very hard, I walked right away over a Hill, the first House I came to was the Penitentiary on the Cocked Hat Hill, it was nearly dark, I asked two or

P170

Three persons who were unyokeing some bullocks where John Develin lived, they said three quarters of a mile up the Road on the right had side, they asked me what was the matter with me, I told them I had hurt myself, I was afraid to tell them the truth, I went to John Develin’s House I asked if he lived there, a woman said yes, he is not in the House, I said, will you let me stop here all night, she replied, some in and let me see who you are, I went into where she had a candle lighted in the inner room, and told her who I was she said I might stop, I told her what had happened to me, John Develin same in soon after, I told him what was the matter, I told him to write a letter to you, he said he would and send a man off directly and ordered him to go to you immediately, I remained there till nearly ten o clock on Sunday morning, Constable Riley put me into a Cart which shook me so much I was obliged to get out and walk s well as I could, we came towards Launceston, and when three hundred yards behind

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The Penitentiary on the Cocked Hat Hill a boy came up the road on horseback who, being hailed by Riley, said he was going towards Mr Wedge’s Party, Riley looked behind him and said, the Bushrangers are coming after us, the Boy on horseback turned back his horse and galloped towards Launceston I told Riley was a done man, that he had better get away as fast as he could, he did not leave me, Brady and his same six men I had seen the day before came within ten yards of us, Riley said keep back, they rushed towards us, one of them had hold of Riley who got away from him but lost his hat, one of the bushrangers rushed up to me and was drawing his pistol when the others shouted, do not mind a pistol shoot him with a Musket, he pushed his Musket right against my breast, I laid hold of the muzzle and shove it to fend it off me as well as I could, he pulled it out of my hands two or three times and pushed it to me again, and as he pulled the trigger, I turned my body a little n one side and fell flat on my face, the Bushrangers then directly turned

P172

Me over and pulled my shirt off my breast, which was blazing with the gunpowder, and looed at this wound on my right breast, and said he is stiff enough now, they then overhauled my other wound that I got the night before and some of them said they never knew such a thing before, as that I was not dead from the shot I got in the Bush, they then went away and left me; I got up in about twenty minutes and went to the Penitentiary where I saw Constable riley, who took me a little way into the Bush where we hid ourselves for a short time, Riley then said he would go towards the Hut and see if he could see the Bushrangers and went away and did not return, in about one hour afterwards I got upon the road and walked into Launceston myself.

I heard the bushrangers say that they had a Boat in the River Tamar and that if it was not gone they would have it and get a vessel out of that River or Captain James’s vessel from the Western River.

P173

I am sure all the three strange e were present when the Bushrangers shot me at the Creek, and I do think one of the three was named Kelly, this was the man that came up last night with the Rum, I believe all these three men lived at Googan’s House, they all came from that direction to the place where the Bushrangers took me. I fear I shall died from the affects of my wounds.

Sworn before me at Launceston this tenth? Day of March 1826 in the Hospital

PA Mulgrave JP (signed)

The information of George Hacking, who being again sworn saith, Bernard Shields was with the Party near Boogan’s House on last Saturday week, when a man called Brady and his six armed companions were present, Shields brought two bottles of Rum to the Party in the evening and accompanied them until I was shot, I believe by Brady, as stated in my former Deposition, Shields had no arms with him, he appeared to go voluntarily, I saw him speak with Brady

P174

Brady apart from his companions; about ten or eleven o clock on that morning I asked Shields to make me away from Brady and his Party, he said he had no objection if Brady would let me go, Brady said I should not go, I now consider myself in a dying state I never expect to get any better.

I never saw Shields before the fourth instant that I recollect, I know him by his features, he had a Brown jacket on that day, a sort of snuff coloured jacket, I do not know if he then wore a cap or Hat.

Sworn before me in the Hospital at Launceston the thirteenth day of March 1826

PA Mulgrave JP (signed)

The information of George Hacking who being sworn saith, the two foregoing informations which have been read in the presence of Michael Riley and Bernard Shields are to the best of my belief true

P175

I am certain that Shields is the man who brought bread and meat to Matthew Brady and his party on Saturday, the fourth instant near Doogan’s House.

I am not altogether so positive as to my recollection of the Person of Riley as I am to that of Shields, I am sure Shields brought two Bottles of Rum to the Party.

Sworn before me at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

P176

Cornwall

Van Diemen’s Land

To Wit

The information of George Hacking who being sworn saith, Matthew Brady is the person alluded to in my information given before you on the tenth instant, who then called himself Brady, it was him who tied my hands behind my back and put a handkerchief over my head at a place near the Springs on Saturday the fourth day of March instant; a muset and Pistol were lying by his side whilst he put the handkerchief over my face, and immediately my eyes where covered a shot was fired close to my head which wounded me uner the left ear.

Sworn before me at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

This information having been taken in the presence of Matthew Brady, he said, ah! You old scoundrel I wish I had shot you if I had fired at you with a piece instead of a pistol you would not have been here now.

Witness my hand at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

p177

The information of George Hacking, who being sworn saith, Patrick Bryan, was one of the armed men in company with a man called Brady on Saturday the fourth day of March instant, when my eyes were blinded and I was immediately afterwards shot in the left side of the head at the Springs in this County.

Sworn before me at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

The information of Joseph Smith, who being sworn saith, I am free by servitude, I am a shoemaker and live in the house of James McGarrett at the Cocked Hat Hill, his brother Robert McGarrett also lives here, I recollect the Saturday in which Mr Dry’s House was said to have been attacked, about a month ago; Berhard Shields had lodged in the house for some time until a week before that day, when he left it James McGarrett went from home on Friday preceeding the Saturday on which

P178

the Dry’s house was attacked, before six o clock that morning Constable Crowther came there and enquired for a man named Rice and Bryan Kelcher?; about half an hour after the constable went away. Six or seven men came to the house, they were armed with muskets and some of them had knapsacks, one of them enquired for Rice, and Bryan Kelcher, I told him a constable had just been enquiring for the same persons, they then went away, towards Mr Jame’s farm; about eight o clock Bernard Shields and Bryan Kelcher came to the house they breakfasted there, Bernard Shields then wore a snuff coloured jacket and a Black hat he and Kelcher went away in about half and hour, Robert McGarrett was from Home, he went our soon after six o clock, Kelcher returned to the house about eleven o clock and enquired for Bernard Shields and immediately went away, about one o clock Bernard Shields returned to the house and asked me to lend him a Bottle of Rum, he brought an empty bottle with him, I filled it with Rum, and he took it away with him, he did not tell me who it was for, or where he was going with it, no person came to the house till about five o clock when a lad named John Brenan came there and

p179

enquired for Bernard Shields Robert Mc Garrett came home about eight o’ clock that night, he did not tell me where he had been all day; I did not see Bernard Shields again until the following Wednesday when he came to settler with James McGarrett for some wheat; Bernard Shields wore a Blue Jacket when he came to the house the second time on Saturday; when he came there the first time I told him that a Constable and some other armed men had been there enquiring for Rice and Kelcher. Kelcher was present, he laughed and said I am the man they wanted, Bernard Shields observed, if I were you I would go into Mr Mulgrave’s office and see what they wanted, and I will go with you, Kelcher replied I will so son as I was myself, and said he would go to Doogan’s for that purpose. Bernard Shields and he went away towards Doogan’s House, one quarter of a mile from Mc garrets.

/signed/ Joseph Smith.

Sworn before me at Launceston

This fourth day of April 1826

PA Mulgrave JP (signed)

P180

The information of Robert McGarrett called at the instance of Bernard Shields who being sworn saith I am an assigned servant to James Dunn and live along with my brother and Joseph Smith at the Cocked Hat Hill. I recollect having heard that Mr Dry’s House was attacked by Bushrangers on a Saturday three or four weeks ago, I know a man named Thomas Kenton was shot near our house the next morning, I went to see him after he was dead, I do not mind where I was on that Saturday, I think I was at home reaping my Brother’s wheat, I do not remember that I saw Bernard Shields at my brother’s house that day, he had fallen out with my brother James some weeks before who said he should not come there again, I do not know that I saw Bernard Shield’s hat day, I do not know that I saw him making a bottom of a stack that day, I heard the next morning that Thomas Kenton had been shot and soon afterwards saw his lying dead near a house occupied by Samuel Field and others at the Cocked Hat Hill.

/signed/ Robert McGarrett

p181

Sworn before me at Launceston

This fourth day of April 1826

PA Mulgrave JP (Signed)

Bd Shields x

4-6 shorthand symbols

5^th April 1826 2 shorthand symbols

Ml Rice and Thomas Mc Garrett

Brady (in Pencil)

P182

32 lines of shorthand (one full page) approx. 15 symbols wide

only word written is – Brady

p183

32 lines of shorthand (one full page) approx. 15 symbols wide

only word written is – Brady

p184

32 lines of shorthand (one full page) approx. 15 symbols wide

only word written is – Brady

p185

c.20 lines of shorthand (one full page) approx. 15 symbols wide

only words written – Brady, Kelly, Doolan, Jame’s and date 15^th March 1826

p186

4/5 x A4 page

shorthand – except for words: Michael Riley and 11^th March 1826

p187

Hl Henry Blowing??

Thos McCourt

Mrs Mc Court

P188

½ page – Shorthand page – except for words:

Bernard Shields

13^th March

p189 (one reverse of above)

v Ml Rice

George Hacking

10^th 11^th and 13^th

of March 1826

5 x shorthand symbols

Develin’s note

Brady (in pencil)

P190 March 1826 in Blue Pencil

The information of William Oldfield (a free man) of Sydney in New S Wales who being duly sworn saith we John Lawrie, J.B. Childs, Astley Lawrie, Richard Green?, Jno Aspey?,and other? Left Sydney in the boat FAME 2^nd day of June 1824 we proceeded to the southward and were taken prisoners by Mr J Griffiths on about the 24^th same month, in the Brig GLORY in Twofold Bay – we arrived in Launceston early n the month of July, assisted by Mr? Lawrie, I drew u a statement of the case and forwarded the same by post to Mr RL Massey, Hobart Town desiring him to lay the same before the Attorney General r Gellibrand without delay the following week (or the week after) we received an answer by post from Mr Massey stating “That he had laid the case before Mr Gellibrand – and that he would give

P191

His opinion on his arrival at Launceston shortly after this. The Attorney General arrived here, and immediately (viz the morning after his arrival) sent for us – after some conversation on the case, in reply to questions put by Mr Gellibrand, I informed him that I was a free man that I had been the prisoner by Mr Mulgrave, and that I was then made bail, he then advised me to bring an action against Mr Mulgrave on the charge of false imprisonment, and also against Mr Jonathan Griffiths – he then added that he would give his opinion in waking (? Court?) the following day – which was done and endorsed – “5 guineas” – which I saw? Was paid by Mr Laurie with the addition of 5 guineas as “ a detainer”

Sworn before me at

Launceston the 25^th

Day of March 1826

WM Oldfield (signed embellished)

Joseph Thomas ?? (signed)

P192(back of above)

Informations of William Oldfield

March 25^th 826

P193 (This is a COPY of the same statement found on page 25)

Cornwall

Van Diemen’s land

To Wit

March 26 (in pencil)

The information of Thomas Watson a Ticket of leave, who being sworn saith, I live near Mr Henry Clayton’s Hut, to the westward of the large lagoon , at the back of Norfolk Plains.

About two o’ clock last Tuesday morning *I was in company with John Cairns when we *between my House and Williams Field’s Stock Hut, we met seven armed men, three of them on horseback, there was one unarmed man with them: the armed men ordered me to stand and a man they called Goodwin took my musket from me, they then said they wanted to go to the Supply River and that I must conduct them there, I told them I did not know where it was one of them said I must take them there or I should take no body else there ** the horses were laden with a keg of Rum, some flour, tobacco, tea and sugar and a small bag of onions, the next day we had got up upon Mr Dry’s Run when they desired me to shew them the way to Leith’s, they said they would hang him and his woman up to dry and they asked if Mr Compton was at Quambeys’ I told then he was not, and persuaded them not to go to Leiths. ** we stopped that night about five miles above Field’s Hut on the Penny Royal Creek they kept no Guard guard the night.

*** about three o clock that day we fell in with a flock of cattle by the side of the Western Creek, Brady and Bryan rode down after a heifer which Bird killed and a hind quarter was divided and put upon two of the horses.

p194

we did not see any of her People, the next day (Thursday) I told them I could not guide them any further, and they then steered by compass to the northward, and went about ten miles through a thick scrubby and hilly country, we stopped that night and the whole of the next day and night near a Creek which ran to the Southward and eastward. On Saturday morning they divided the luggage into ten parcels an each of the party carried one, they steered towards the northwest until they fell in with a stream which ran nearly north and continued along it until three or four o’clock in the afternoon – about seven o clock on Sunday morning the Party continued their passage along the bank of the river until they came in sight of some new buildings. Brady first perceived these buildings and ordered Cairns and I to have our hands tied behind us and went toward the Buildings with one of his companions called Murphy and Thomas Reid; they returned in about two hours when Brady said that he saw things through his Glass that the Building belonged to the Mill on the Supply River and that he would go higher up the river to Gildas’s where he had been before we arrived at Gildas’s about three o clock that afternoon, James Gildas was the only person then there, Brady and three**

right side vertical column:

* we arrived at that place about three o clock on Thursday and after unloading the horse a man called Brady took Cairns some distance who was unarmed when I met Brady, and who says his name is Thomas Reid, and the three horses some distance from the Party, and returned with the two men without the horses the next day about eleven o clock, Brady said he had taken the Horses so far into a thick scrub and over so much broken Timbers that he could not get them back again, but was obliged to return by the path he made in going into it.

p195

** three of the comrades made three or four oars that afternoon, for a whale boat that was laying at Highwater Mark; Brady and four of his companions slept with Cairns Reid and I that night in the strawyard,

two of the Bushrangers and Gildas slept elsewhere; on Monday morning they removed the whale boat to Gildas’s wharf and kept her afloat for the whole of the day, the Bushrangers said with the intention of intercepting the commandant’s boat which they had heard was to pass from George Town to Launceston that day with the Commandant; that they intended to shoot him, cut off his bloody head, and throw him overboard, this conversation passed amongst themselves a man called Bird said the most about what they would do to the Comandant; Gildas, Cairns, and I remonstrated with them and endeavoured to persuade them from their purpose of killing the commandant, until two or three of the Bushrangers especially Bird, threatened to run the bayonet into us; they said they wished they could get to Launceston, that they would blind and crop Mulgrave, and serve out old Dry; Brady seemed fully determined on coming into Launceston , and purposed going to Mr Dry’s first and then to the Police Office, and wanted me to shew them the way over the Cataract which he said I must do if they failed in taking the Brig Glory which

p196

they said was coming down the River. All the time we were at Gildas’s he was in charge of one of the Bushrangers called Goodwin, between seven and eight o clock last night, I said to Gildas “will you fetch the meat for supper”, he said “yes”, and immediately left the room where he and I were sitting in company with Murphy and Godwin, about five minutes afterwards Brady came into the Room and said to Goodwin “where is the old man” Goodwin replied “he is just gone out” five or the Bushrangers then went in search of Gildas and returned in about ten minutes and said they could not find him, about half an hour afterwards a Boat was heard coming up the River Brady ordered Reid, Cairns and I to be taken to the river side where our hands and feet were tied by his comrades, who with Brady kneeled down upon on knee close to the River side, with their muskets presented whilst they were in this position a Boat with four or five men besides Mr Thomas Whyte ran in immediately abreast of the Bushrangers and about the centre of them; the bushrangers said as the Boat touched the shore “Lay down lay down every one of you lay down or we will shoot you, is the commandant here which is the commandant?” some one in the boat

p197

said, “the commandant is not here” one of the Persons in the Boat wore a white Hat, Bird said “this is the Commandant, we have got you”, and knocked that person down with the But end of his Piece, that Person I afterwards heard called Captain Smith, when he was down he said “I am not the Commandant” “do not illuse me” the Bushrangers then ordered the persons in the boat to go to the House accompanied by some of them whilst the rest untied the legs of Reid, Cairns and myself, and also marched us into the house; when Brady looked very hard at Mr Thomas Whyte and said, “Oh Mr Whyte we have got you at last, many a time you have chased us but we have caught you now”, Whyte said he had never done them any harm and that he hoped they would not take his life. All the Bushrangers continued to threatened and abuse Whyte for several minutes because he had chased them, Whyte said he was a Kings Officer and was obliged to do his Duty; similar conversation continued several minutes, when Goodwin who was standing sentinel at the door ordered every one to be silent and not speak a word; Whyte some time afterwards ordered the men who came with him in the Boat that were talking to be silent, when one of the Bushrangers said “yes and

p198

we will silence you by and by” the door of the House was then opened and Brady enquired if any Prisoner had come in the Boat with Whyte, one man said he had been made a Prisoner by Whyte in the Straits, he was ordered out of the House and Brady said to him now you are free, go which was you like, the man replied there is nothing against me I do not want to go, Brady said “well do as you like” he then ordered Cairns, Reid, and I to go out of the House, and our hands to be untied, he then told us to go into another room where there were two of three of the Bushrangers and get our suppers, whilst we were eating one of those Bushrangers said “the Glory is gone past, and we have missed our liberty on account of that old Bugger running away”, another replied “it is all right still, we can have her yet”, the other answered “we cannot do it, Boats will be from Launceston before we can get her out of the Heads”, others of the Bushrangers then came into the Room, one of them proposed to shoot Mr Whyte, others to crop his ears, and others to make his go down to the Glory, hail her, go on board, and navigated her for them, some of the Bushrangers then said they would not take the Glory on account of Parties, when Brady said, “oh damn it we will take the Boat belonging to the Duke of York out of the Heads and you Cairns must go with us and pilot her” Cairns

p199

said he never Piloted a Boat in his life, Brady said he should go, and ordered Reid and I to take the luggage down to the Boat, we did so and retuned to the door of the House, Brady called Mr Smith out and asked him what property he had got in the Boat, Mr Smith said a suit of Black clothes in a canvas bag, Brady then went with me to the Boar and made me take the bag to Mr Smith, who said part of the things in it belonged to Mr Whyte /this was in answer to an inquiry from Brady/ who ordered him to take his own clothing out of the Bag, which he did, and Brady put the remainder into the boat; a long consultation took place amongst the Bushrangers during which it was said that Hilton and another convict were on board the Glory sentenced to Norfolk Island, and Brady recommended that they should be liberated, he then desired the other Bushrangers to got out and determine what they should do, they went out, and in about five minutes two of them came back and told Brady that they, the Bushrangers, wished to go on board the Brig Glory, and go down in her if she were attacked, I then asked Brady to let me go, he appeared perplexed, and said I do not know what to do, went out of the Room where we were, returned again, and called

p200

me and Reid out of the Room and told us he would let us go, Bryan one of the Bushrangers came up to Brady, and said “What shall we do with this Whyte, let us shoot the Bugger” I begged they would not commit any murder whilst I was with them, when Bird proposed to cut off Whyte’s ears, I said he has a wife and three children, when Brady answered “well we will not cut off his ears, there is no surgeon here, he will bleed to death, I will give him a reprimand, come Watson and Reid, go in here with him”, and then put us into the room with Whyte and his crew. Brady then told Whyte that they had first proposed to shoot him, then not to take his life but cut off his ears, and afterwards to let him go on account of his family, and added “I do not think you are worthy to die yet, I will let you live a little longer and I hope I shall hear a better character of you”. Brady then gave a musket to one of the persons who came with Whyte after pouring water into the barrel, and taking out the flint, and said “I desire you will remain here all night, there is a sheep ready killed, which you may eat, and if any questions are asked about it say Brady gave it to you, Mr Smith there is a good Bed for you, good night Boys” and then shut the door and went away

p201

with all his party, about ten minutes or a quarter of an hour afterwards, I went our at the door and saw a Boatfull of men about sixty yards from the landing place, going obliquely down the River; I soon after went down to the landing place, Mr Whytes Boat was gone and a Government Boat that was lying there which had arrived soon after Mr Whyte came there, and whale crew where made Prisoners, whilst Mr Whytes crew Reid, Cairn and I were confined, and were put into the Room with us that Boat was stove and lying high and dry, the Tide was three parts out when Brady and his party left Gildas’s.

The Bushrangers kept no sentinel whilst they were in the Bush generally lighted their fires so soon as they stopped on an afternoon, and lessened the quantity of fire before they went to sleep, the names I heard the bushrangers called by were Brady, Bird, Murphy, a boy called Edward, John Tilly, Patrick Bryan and Goodwin who is sometimes called Simpson, they were all well dressed and each armed with a soldiers musket and bayonet, Brady had a double barrelled Pistol and the other Bushrangers had some one and some two Pistols, Bryan had a three barrelled brass Pistol, I believe they had about two hundred rounds of Ball cartridges when they left Mr Gildas’s besides a large quantity of loose powder and shot, a bag full of Tea, about eighty pounds of sugar, but not more

P202

than six or seven pounds of Biscuit no flour, and no meat except one sheep, which they took from Gildas, also a bag of onions and some peaches; they had a kangaroo bitch, I am not certain if there were any sails in the Boat.

P203

I had no jacket on when the Bushrangers took me prisoner, they gave me this jacket the same evening, and said they had got it from Mr Young.

Whilst I was with the Bushrangers I gathered from what they said, that there were five more belonging to the Party not long ago, who had separated from them and were led by Patrick Dunn, and that Coady? was amongst them, who Brady said was a very good look out, I think they differed in consequence of some action they had in which they lost a man, and that they parted only a few days before they went to Mr Lawrences. I frequently heard them mention their Farm, and that when they were there altogether they used to run races with their horses, after the Bushrangers left Mr Gildas’s, Mr Smith and some of the sailors left the House as they said to repair the Government Boat, returned in about half an hour, had some tea and awoke Mr Whyte; who was asleep, and everyone left the House.

[ version changes below from what is on p25+ earlier in this volume]

Reid and I came to Launceston by Land. Mr Whyte Mr Smith and the rest went towards the boat; the Bushrangers killed and destroyed five of Mr Gildas’s sheep including the one they took away with them, and the one they left with us in the House.

P204

I saw no mutton salted at Gildas’s. After Goodwin had taken my musket from me the Party allowed me to hide it and my ammunition, I know where to find them.

I saw Gildas’s Boat that the Bushrangers made the oars for on the Sunday lying high and dry on the wharf, after they had left in Mr Whyte’s Boat

/signed/ Thomas Watson

Sworn before m at Launceston this twenty eighth day of February 1826

PW Mulgrave JP

The further information of Thomas Watson who saith the Rum that the Bushrangers had with them was drank in the first three days after I had fell in with them, Murphy had charge of a Bundle of Plate amongst which I saw about twenty silver spoons and four or five silver sups with handles when we were at Gildas’s the Bushranger took a watch from Mr Whyte and one from Captain Smith they returned Smith’s watch but kept Mr Whyte’s.

Whilst Brady Cairns and Reid were absent from the party on Friday morning Murphy took me up a hill about three miles from the party from which we saw Mount Direction and the River Tamar, we were absent about two Hours.

Thomas Watson (his signature)

[below in margin on right side]

Taken before me at Launceston this second day of March 1826

PA Mulgrave JP (signed)

** The bushrangers had a double barrelled gun with them when they were at Gildas’s.

Information of Thomas Watson

March 1826

Bushrangers (in pencil)

P205

The information of Mr Charles Dowdell who being sworn saith, some time about the middle of October last, I left Hobart Town with a Sealing Boat I had hired from Mr Nichol of Brown’s River, and took her to east Bay Neck near Oyster Bay where I saw the black native Boy named Robert Murray, now present, he said he had been in the service of Mr Ralph Dodds, and that that Gentleman had turned him away, and said he wanted to go to the Straits, I told him I was going to the White Rock and that he might go with me he said he would go to the White Rock, and got into the Boat I put him upon the White Rock, and a few days afterwards I went to Hobart Town leaving the Boy Murray upon the Rock with William Young, a sealer; I hired a sloop called the Union at Hobart Town, and arrived at the White Rock with her about the tenth day of November about a week after I sent the Union to Scouten Islands seven miles from the White Rock, and one mile from the main of Van Diemen’s Land, her crew consisted of

P206

A man named Peter [blank space] who had charge of her, and the native Boy Murray, she went to the Scouten Islands for wood and water she had a small Boat belonging to her, which Boat had no name, but was usually called the Dingy, ten or twelve days after the Union had left the White Rock Peter [blank space] returned to the White Rock in a boat called the Blue Eyed Maid, and told me that early one morning (either the nineteenth or the twentieth of November) the black Boy Murray had absconded from the Sloop Union, and had taken the Dingy with him, and that about four Hours afterwards, Brady and his Party /Bushrangers/ arrived on board the Union in the Blue Eyed Maid boat and seized upon the Union and took her away, and made him their Prisoner, and that he had not seen either the Boy Murray or the Dingy since, I believe Peter’s statement to be true.

Charles X Dowdell

His mark

Sworn before me at Launceston

This fourth day of March 1826

PA Mulgrave JP

Dowdell vs Murray

4^th march 1826

Brady [in pencil]

P207

The affadavit of Mr William Young who deposeth and saith the double barrelled Gun no produced is my property and was feloniously stolen from my Residence at the lake River by Matthew Brady and his party /Bushrangers/ on the twentieth of last February

W Young (signed)

Sworn before me at Launceston

This eighteenth day of March 1826

PA Mulgrave JP

P208

[back of previous page]

the affadavit of William Young

GUN

March 1826 Brady [in pencil]

P209

Police office 2 March [in pencil]

The information of Mr James Clark Smith owner of the Schooner Caledonia who being sworn saith on Sunday evening last the twenty sixth day of February last about nine c clock I landed at Mr Gildas’s wharf on the west bank of the Tamar from a Boat called the Blue Eyed Maid in company with Mr Thomas Whyte commander of the Brig Duke of York and five seamen it was so dark that I could not see any person on the Beach whilst the boat was approaching the shore. I was the first man that got out of the boat, I landed upon the jetty and walked a few steps when several voices exclaimed we are the Bushrangers lay down or we will Blow your Brains out and at that moment I received a blow upon my head I fell I saw a number of armed men around me and one of them said it is the commandant knock his bloody brains out I then received another blow I begged for mercy and said I am not the Commandant that man who had knocked me down said who are you I said Smith he replied what Captain Smith and immediately lifted me up, so soon as they

P210

Struck me they snatched my watch from my Person they marched the whole of us to the House, one of the Bushrangers who I afterwards heard called Brady said to Mr Whyte do you remember chasing me off Maria Island, Whyte said he was only doing his duty Brady and several others of the Bushrangers threatened to take Whyte’s life, I begged hard for him to be spared, they then said they would cutt off his Ears, I again interceded for him and they said they should give him a Reprimand.

I saw no double barrelled Gun in the possession of the Bushrangers nor in or about Gildas’s House.

After I had been at Gildas’s about fifteen minutes another Boat arrived the men who came in that Boat were taken up to the House and put into a Room with us who had been made Prisonders and a double sentry placed at the Door, a few minutes after Brady came into the Room and returned me my watch and said he was sorry I had been hurt they afterwards threted me with kindness.

The man who knocked me down was called Brd he said there was a Rope bar and a Gallows erected and if I had been the Commandant they would have

P211

Hung me, the Bushrangers treated none of their Prisoners with rashness. Brady told Mr Whyte of several things he had said in different Public Houses in Hobart Town respecting his chasing the Bushrangers and how he would treat them.

Brady asked me several questions about the vessels then in the Tamar and what vessels there were in the Straits also the Distance from one Island to another. I could not give him any satisfactory account about the vessels, I told him the distance between the islands he said he should take me on Board the Glory and mae me navigate her to South America, I begged he would not take me away, the Glory passed Gildas’s whilst I was there after she had passed about two hours Brady and his party left the House taking with them a man who had his Hands tied when I landed, I remained in the House a few minutes after the Bushrangers left went to the Jetty and saw a Boat full of men in the stream pulling down the river. I repaired a Boat that had been stove nd was lying at the wharf and embarked with Mr Whyte with several others and arrived at Launceston the next morning about half past six.

P212

TheBushrangers took a watch from Mr Whyte and the Chief part of his clothing.

JC? Smith (signed)

Matthew Brady and Others

March 1826

P213

The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith I broke out of the Watch House at Launceston with Edward Russell, James Hopkins and Thomas Jeffries on a Sunday night two or three week before Christmas, Hopkins left us soon after, I had rather not say when, Jeffries, Russell and I fell in with two men on Christmas Day near a tent about six miles from Mr Sutherland’s, one of them fired at us, the other ran away all three of us then fired, one of our shot wounded the man who had fired at us in the thigh, we ordered him to carry a knapsack at some distance from where we had wounded him he refused to do so and Russell shot him in the Body and he immediately fell and we left him. We broke his gun and left it on a tree near the place where we first shot him.

A fortnight or three weeks afterwards Jeffries, Russell and I went to the House of John Tibbs Junior, we took Tibbs, his wife, his Government man and his child away after robbing the Hut, we then fell in with a Stockkeeper and afterwards with one of Mr Barnard’s men. I believe his overseers, we had fallen in with two of Mr Barnard’s men before we went to Tibb’s and had them with us, when we had got about two miles from Tibb’s, Russell and I took Tibbs

P214

The stockkeeper, and Mrs Tibbs and her child from the rest of the Party, after one of Mr Barnard’s men had tied the hands of Tibbs and the stockkeeper, and when they had gone with us about a quarter of a mile, Russell and ordered Tibbs and the Stockkeepers to say their Prayers, the stockkeeper knelt down, Russell shot him with a pistol, I fired at Tibbs with a musket which I had loaded that morning with gunpowder and seven pistol balls, he ran away, I ran after him and knocked him down with my musket, his hands then got loose which had been tied with my black silk handkerchief, and he ran away, I picked up my handkerchief and soon afterwards rejoined Russell and Mrs Tibbs near the body of the man that Russell had shot, about an hour after we overtook Jeffries with two of Mr Barnard’s men and Tibb’s man, the man who had tied Tibb’s hands was absent, Jeffries soon after took away Mrs Tibbs child accompanied by Russell, and after they had been absent about half an hour they returned without the child, the next morning Jeffries sent away Mrs Tibbs and one of Mr Barnard’s men, and in the course of the afternoon sent away the other two men singly.

About five days after that, Jeffries, Russell and I went to the Heads near George Town, took a soldier Prisoner whose musket was hanging over the fire place then went

P215

To Parish’s Hut, robbed it, took Parish, the Soldier and a sailor away with us, but released parish and the sailor, about eleven o clock that day, we released the soldier the next morning near Piper’s River, we then kept along the sea coast for three days, and after crossing three rivers fell in with four men and a black woman about twelve o clock on the fourth day after we had left the heads, all the men had Guns, two of them had pea jackets, checked shirts and red caps, the two other men had red shirts and sealskins caps, all four of them had canvas trowsers, one of them who had a pea jacket was a thin middle sized old man, he had a red comforter round his neck and carried his ammunition in a kangaroo skin pouch fastened round him with a leather belt, the other man in a pea jacket was about twenty three years of age, light hair and fair complexion, he had a pouch similar to the others – the men in red shirts were about five feet ten inches high, stout made and dark complexion, one of them had a red comforter, the other a black comforter with a green stripe, they appeared about thirty years old and resembled each other very much, I saw them when I was at Preservation Island they belonged to a Sydney boat, as they approached us they said

P216

Ground your arms, Jeffries, Russell and I replied, we will see you damned first, and all three of us immediately fired at them and three of them fell, Jeffries fired with his pistol, we were not more than twenty yards from them, the fourth man ran away when his comrades fell, Jeffries fired at him with his musket, and he fell, we went to the Bodies, I overhauled two of them, they were quite dead, and were shot in the head, Jeffries overhauled the third, I do not know where he was wounded, Russell went to the man who ran away, and knocked his brains out with a musket. Russell said he was wounded in the neck, we took nothing from them but their ammunition, they had no provisions, they had two kangaroo dogs which ran away, we broke the four guns and left them near the bodies upon a bit of a rise, on a bank about twenty yards from the sea beach, about a quarter of a mile on this side of the fourth river beyond Pipers River, they came upon us by surprise near the scrub which runs from the third to the fourth river, after we shot the men, the black woman came to us, and told us they were Boatmen, and were going after Jins {women – Gins?} we could not understand her sufficiently to make out where the Boat was, after searching the Bodies we left them, and took the black woman to a Lagoon about a quarter of a mile off, where all three of

P217

Us had connexion with her, Jeffries first, then I and afterwards Russell, we then all four dined together off some fat cakes and kangaroo steamer, neither of us had any further connexion with the woman; about three of four o clock in the afternoon Jeffries said the Blacks were all treacherous that he had been taken by them at Sydney, and shot her through the head with a pistol, we lighted another fire about thirty yards off, and remained there all night; we did not bury any of the bodies, we then went towards the George Town Road, and two or three days afterwards fell in with Bruce the Messenger, took him about half a mile off the road and examined the Letter Bag, we kept him that night with us and fell in with Magnus Bakie the next morning, about daylight, who said he had lost himself, we gave him and Bruce some Breakfast of fat cakes and tea, and then made Bakie carry two kangaroo Rugs, six or seven Miles, when Jeffries put a Pistol over my shoulder and shot Bakie who was walking close before me, at the back part of the Head, who instantly fell and never moved afterwards; Russell then took the Rugs off Bakie’s back. Bakie’s body was left about seven miles from the George Town Road, on some open ground resembling

P218

East arm flats, near the naked stump of a she oak tree, about seven feet high, we then took Bruce about two miles farther to the north east, gave him his dinner and sent him away.

We had at this time not more than seven pounds of flour, about three pounds of fat, no meat and no Dog with us, we travelled to the southward and eastwards about seven miles that day, and slept in a scrub, the next day we crossed several high Hills to the eastward, and the day after our flour and fat was all expended, I believe we were about thirty miles from Launceston, and to the northward and eastward of it, we did not know the way to any inhabited part of the island at this time and were two or three days without food of any kind when Jeffries shot a cockatoo which was equally divided between us, three or four days after, when we were much exhausted for want of food Jeffries said to me and Russell, if you like the first man that falls asleep shall be shot, and become food for the other two, Russell and I said “we board it” / were glad of it/ two days after we were going up a rocky and scrubby high hill, when we all sat down to rest ourselves, about eleven o clock in the day, Russell fell asleep, I was sitting close to him, I took a pistol from my knapsack which was loaded with three balls, and shot Russell in the forehead, he expired without a groan, I took out my knife and cut off about seven or eight pounds of flesh from the thick parts of his thighs

P219

I made a fire and broiled some of it on the fire, and Jeffries and I ate about a pound of it, I put the rest into my knapsack, and Jeffries and I travelled on, leaving Russell’s musket by the side of his body, Jeffries also left his musket there, I had a fowling piece and three pistols, Jeffries had two pistols, five days after we made Miller’s Hut, we made the man that was there kill two sheep, we stopped there a day and a night, when we went away taking with us the remains of the two sheep about four pounds of flour and a musket, we took the stockkeeper from the Hut t carry our wag, we went on to Spring Plains, as we were crossing a Creek the pressed man threw down the mutton and flour, and ran away, we went to Joseph Lowe’s Hut at Spring Plains between twelve and one o clock in the ay, as we approached the Hut we saw several Men lying down upon some wool in the Hut, we placed ourselves behind some trees, and Jeffries said come out of the Hut all of you, and if you offer to take up your arms we will blow your brains out, they scrambled for their arms, Jeffries and I both fired and wounded one of the men in the Hut, and six men run away from the Hut, one of the Soldiers levelled his piece at me but did not fire, I was some distance form the Tree at the time, Jeffries and I ran to the hut

P220

And found four muskets and a fowling piece, we took two of the soldier’s muskets, and broke the rest, well as the two muskets we brought to the Hut, we took some tea, sugar, flour, and meat from the Hut, and travelled into the Bush seven or eight miles in search of water, about ten o clock that night I left Jeffries, my musket and knapsack by the side of a small fire, and went in search of water, it was a fine moon light night, I lost myself, and could no find the way back to the fire, the next day I found myself at Break of day Plains, I steered from thence to the westwards until I fell in with Mr McRae as I have before stated.

It was about a week or nine days from the time I left Jeffries until I fell in with MrMcRae I went into several Huts during that time, I do not wish to mentioned what huts, I procured a musket during that time, I cannot say from whom, or where form, I had it with me when I was taken. What I have stated about the four men and the black woman is all a lie all the rest is true.

Taken before me at Launceston

This fourteenth day of march 1826

PA Mulgrave JP

P221

That part of the information of John Perry respecting Thomas Jeffries, Edward Russell and the said Perry having fallen in with and killed four men and a woman on the sea coast to the northward and eastward of George Town being read Jeffries declairs Perry’s statement is totally false but admits that he shot Magnus Bakie in presence of Bruce the Messenger at the time and place described in Perry’s statement.

Witness my hand at Launceston the 14^th of March 1826

PA Mulgrave JP

P222

[on back of prior page]

John Perry

Confessions

Feb and March 1826

bushrangers [in pencil]

p223

Cornwall

Van Diemen’s Land

To Wit

The information of Michael Fitzgerald who being sworn saith I recollect when Mr Charlton’s man Thomas Wiggins drove a number of sheep past my house about a month ago some of them marked with a black mark in the forehead three or four days afterwards my son drove four sheep into my yards o marked they have since strayed away.

Michael Fitzgerald (signed)

Sworn before me at Launceston this sixteenth day of August 1826

PA Mulgrave JP

P224

[back of prior page]

covered name vs Wiggins and Peele

Decided 25^th Nov 1826

P225

Oct 1826 [in blue pencil]

Cornwall

Van Diemen’s Land

To wit

The information of Mr Charles Dry who being sworn saith I reside at Quambies about the latter end of September 1825 when the House was attacked by a arty of bushrangers headed by a man called Brady who feloniously stole and carried away a fowling piece the property of Mr Ralph Compton he had no other fowling piece besides that one I think I should know it again if I was to see it I believe this is the Gun I am almost certain this is the same Mr Compton was from home at the time

Signed Charles Dry (curly “D”)

Sworn before me at Launceston this fourth day of October 1826

/signd/ PA Mulgrave JP

The information on oath of Mr R Compton who saith the beginning of September 1825 I left the farm of Mr Richard Dry at Quambys where I had previously resided upwards of two years I left a fowling piece in the Back Room of the dwelling house it was my property I should know the fowling piece if I were to see it the maker’s name is Wilkinson I brought it from England with me I had the Gun striked? After I arrived in Van Diemen’s land I believe with

P226

Cherry tree wood, this is the gun

Sigd R Compton

Sworn before me at Launceston this twenty eight day of October 1826

/signd/ PA Mulgrave JP

Cornwall Van Diemen’s land

To Wit

The information of Thomas Johnson a constable at Launceston who being sworn saith I remember going with PA Mulgrave Esq Superintendent of Police to the House of Andrew Clephane About the 18^th of July last he was near the house I called to him and he unlocked the front door of the house the windows were fastened I searched a Box in the inner room which Clephane Said was his it contained a fowling piece which he said had been sent to hm by a person in the Country whose name he could not remember that it was sent to him to have a ramrod made to it the Barrel stock and lock were all in the Box but separate from each other I had hold of the barrel when Clephane said he was to make a ramrod to it Mr Mulgrave took it out of my hand an a ramrod fell our of the Barrel Mr Mulgrave said I thought you had had this gun to make a ramrod to it – Clephane said no – I had it to make a screw he appeared embarrassed Mr Mulgrave

P227

Ordered him to put the Gun together he did so the ramrod appeared to fit the gun and belong thereto there was a hasp?mould for casting bullets and shot and a powder flask and several other articles in the Box, Mr Mulgrave asked him if he had any other arms in the house he said he did not know of any other and that he had none, I searched the bark skilling and a loft over the room where I had found the fowling piece in the Box and sloe to the edge of the loft I found another fowling piece Clephane said he did not know it was there and that he did not know any thing about it Mr Mulgrave asked him again who had left the Gun in the Box he said should be able to get his name in a little time Mr Mulgrave took the two fowling pieces to the Police Office and I followed him with the other articles in a handkerchief this is the Gun that was in the Box this is the Gun that was in the loft this powder flask those metal moulds this lock of a gun this copper Bolt and this Blue cloth waistcoat were taken our of the Box in Clephanes room and conveyed by me to the Police Office where I delivered them to Mr Mulgrave.

A few days, not more than a week before I went to Clephane’s House with Mr Mulgrave I searched the same house in company with Chief Constable Lawson when Clephane said that he had no Lodgers, that he did not keep any and that all the things in the house were his own.

Sigd Thomas Johnson (not original signature?)

Sworn before me at Launceston this third day of November 1826

/sigd/ PA Mulgrave JP

p228

Be it remembered that on Tuesday the eighteenth day of last July I went with Constable Thomas Johnson for the purpose of searching the house of Andrew Clephane In Launceston when I had received information that stolen arms were concealed Clephane was near the house he unlocked the front Door the windows appeared fastened Johnson searched a Trunk in an inner room in which there were the Barrel and stock of a Gun, I asked Clephane who he had got them from, he said a person in the country whose name he did not know that he was to make a ramrod to the Gun, I then perceived there was something in the Barrel which Johnson held in his hand like the larger end of a ramrod I took the barrel from Johnson and the ramrod fell out I said to Clephane I thought you was to make a ramrod to this gun, he replied no I was to make a screw to it and appeared remarkably embarrassed I desired him to put the gun together he did so and there appeared no screw wanting this gun is the same and inverified? before me by Charles Dry and Mr Ralph Compton as the property of the latter it has not been out of my possession since, Johnson took another Gun out of a loft in Clephane ‘s House which I still have Clephane had previously said that he had no other arms in the House that he did not know there were any besides the Gun in his box, this copper bolt this powder flask this blue waistcoat this brass mould and this Gun lock were delivered to me by Thomas Johnson at the Police Office that day they have not been out of my possession since, I saw him take similar articles out of the Box where he found the Gun, Clephane told me no person had lodged with him in that house during the preceeding fortnight.

P229

The examination of Andrew Clephane who saith Thomas Stewart of Launceston was in the house where I lived when the gun that was taken our of my box by constable Johnson in the presence of Mr Mulgrave was brought to me by some person from the country who I do not know some time in the beginning of Harvest I do not know the day or month I lent that Gun several times to Robert Towers and Thomas Peffery/Jeffery?, the gun was left with me to get a ramrod and sight made to it – Robert Towers made the wooden part of this ramrod and I made this sight, I had not said in the Police Office I could bring the person forward who was present when I put the sight on the Gun I know nothing of the other Gun found in my House, I did not know it was there I cannot write I did not take down the persons name who brought the gun.

Taken before me at Launceston the third and ninth day of Novr 1826

/sigd/ PA Mulgrave JP

The information of JW Bell who being sworn saith I am chief clerk in the Plice Office at Launceston and heard Andrew Clephane say this day that he could bring a person forward who was present when he put the sight to the Gun that had been taken out of this Box by constable Johnson.

Sworn before me at Launceston the third day of November 1826

/sigd/ PA Mulgrave JP

p230

The information of Thomas Jeffery a convict who being sworn saith three or four months ago I obtained a pass to do to the Cocked Hat Hill and the night before I went I borrowed a fowling piece of Andrew Clephane it was on a Saturday night. I got the Gun which I returned to him the next Tuesday morning, a week or ten days afterwards I asked Clephane if he would sell me the Fun I had borrowed of him he said no I have lent it to Mr Towers and I think he is going to have it. I never borrowed any other Fun of Andrew Clephane it was a small fowling piece with a small silon? Sight, and a small piece of Gold bit? Into the stock I do not know the makers name. I think it had a colonial made stock I borrowed this same Gun of Mr Towers once or twice by Cliphane’s permission and sent it back to Mr Towers by his servant, Clephane never told me that he got the piece from any other person, I think he told me it was his own

/sigd/ Thomas Jeffery

Sworn before me at Launceston the third day of November 1826

/sigd/ PA Mulgrave JP

The information of Mr Robert Towers who being sworn saith some time after last harvest I borrowed a single barrelled fowling piece of Andrew Clephane

Twice for two or three days each time, the first time it was without a ramrod I made the wooden part of a ramrod to it Clephane

P231

Said he had received it from the country to put a sight to it he did not say from where he had received it, I never told any person he agreed to sell me the Gun, I think it had been stocked in the colony, this is the Gun, I know it, by the lock? Which is a remarkable one

/sigd/ R. Towers

Sworn before me at Launceston the ninth day of November 1826

/sigd/ PA Mulgrave JP

The information of Thomas Stewart who being sworn saith I am a carpenter, free by servitude, and reside in Launceston about three months ago, I am sure it is not six months ago, I was in the house of Andrew Clephane of Launceston when a man same there with a fowling piece without a sight and ramrod and requested Clephane to repair it and whatever he charged he would send him in by some of his fellow servants to pay him when he came in himself. Clephane asked him to whom he belonged he said he was a shepherd of storekeeper to Poll Smith and that his name was Samuel Barry or Parry I am sure it was some such name as Barry or Parry, I know it was Samuel he went our and returned with a piece of paper which he delivered to Clephane and which he said his name was written, I saw it in Pencil, there was dispute between that man and Clephane about the stock of the Gun whether

P232

It was striked in England or in this colony, I said I thought it was striked with colonial cherry tree, have not had any conversation with any person since that day about that Gun, I believe this is the Gun, I know it by these marks in the Stock, I never saw any other Gun in Clephane’s House he has known me ever since I was a school boy, I knew him at that time he lived in the high Street in Glasgow his brother and mine were Partners in trade, I have known his since I came to Launceston

/sigd/ Thomas Stewart

The information of William Hayes who being sworn saith I am a shoemaker I resided at Norfolk Plains during the months of April and May last in one of those months – Andrew Clephane Went with me from Launceston to Norfolk Plains he had a fowling piece with him which he said a man had left with him to get repaired and he wished he would call for it he did not say where the man lived or his name he said he was to call at Mrs Smith for a trifle of money that was owing to him by a man called Joshua Darby who lived at Mrs Mary Smith’s commonly called Moll or Poll Smith, Clephane did not say the Gun belonged to one of her servants, I believe this is the Gun

P233

He had with him.

Sigd Wm Hayes

Sworn before me at Launceston the ninth day November 1826

/sigd/ PA Mulgrave JP

The information of Joshua Darby a prisoner of the Crown who being sworn saith last harvest I was in the service of Mrs Mary Smith of Norfolk about that time Andrew Clephane called upon me there and requested the payment of a debt I owed him he had a Gun with him he did not say that he had repaired it for Samuel Parry who then lived at Mrs Smith’s stock run and who has since been killed by the Black natives.

/marked by/ Joshua x Darby

his mark

Sworn before me at Launceston the ninth day of Nov 1826

/sigd/ PA Mulgrave JP

p234

rex v Andrew Clephane

original sent to the attorney General 20^th Nov 1826

6 Dry

Quambie

Re Brady [in pencil]

P235

Cornwall

Van Diemen’s Land

To wit

The information of Michael Purdon who being sworn saith I am the Mate of the Nelson Schooner on the evening of the 26^th ultimo Richard Marsh rowed me on board that vessel from the wharf at George Town he said he had had nothing to eat since the day before and requested me to give him some Tobacco. I took him into my Cabin and gave him some that I had concealed in a caddy near my bed place upon the top of that caddy there was a red woollen shirt worth one shilling and a pair of Linen trowsers worth two shillings my property I left Marsh in the Cabin shilst I went into the Hold to procure him some Biscuit which I gave him and some meat he then went on shore in the Boat there was no Person with him I remained out of the Cabin two or three minutes the next morning at day light I missed the shirt and Trowsers before I went into the Cabin with Marsh he saw me pour some Rum out of a Cask which I took from a secret place in the hold and gave him to drink the cask contained about two Gallons of Rum at that time the next morning at day light I also missed the Cask of Rum. Cross examined: I did not give the prisoner anything to take on shore with him except some Biscuit, I recollect everything that passed, I saw my Trowsers in the possession of William Longhurst the following Thursday.

/signed/ Michael Purdon

Sworn before me at Launceston

This tenth day of October 1826

/signed/ PA Mulgrave JP

[see footnote re SCHOONER NELSON ][ii]

p236

The information of Peter Stewart Master of the Schooner Nelson who being sworn saith I left my vessel on Sunday the 24^th of September at George Town a narrow striped cotton shirt a pair of nankin Trowsers and a cotton Handkerchief all my property were there lying in my bedplace in the Cabin Michael Purdon was left in charge of the vessel I returned to her the following Wednesday I then missed those articles I procured a constable who delivered me an supply? Tin? Belonging to the Van Diemen’s land Company which had had preserved mear in it it smelt strong of Rum. Pinice? Said that John Murray had taken the Tin there the person who was with me was named Hutchinson he took that tin we then went to the House occupied by James Jessop and found upon a bed in the House a Pair of canvas Trowsers which Jessop said he had made himself I delivered them to William Longhurst the Gaoler believing they were the property of Michael Purdon On Thursday afternoon Jessop sent for me to the Gaol ad told me he could tell me where the things were I had lost but did not there do so the next morning he sent for me again and told me that his wife could tell me where my things were I went to his House and Elizabeth Jeffery his wife told me I should find the articles

P237

I had missed in the ruins of a skilling adjoining her House. I then found a striped cotton shirt a pair of nankeen trowsers and a white handkerchief which I had left on my bedplace on the 24^th ultimo neither Jessop nor his wife said how they came there. The schooner Nelson is the joint property of Edward Curr and Stephen Adey Esquires.

/signed/ Peter Stewart

Sworn before me at Launceston this tenth day of October 1826

/signed/ PA Mulgrave

The information of William Longhurst Gaoler at George Town who being sworn saith on Thursday the 28^th day of September last I serched the House of James Jessop at George Town this pair of canvas Trowsers I found on Jessop’s bed he said they were his and that he made them he had been drinking but appeared to know what he was about on Friday morning Jessop told Mr Stewart that he would send for this wife who sould find some of his /Stewarts/ property Elizabeth Jessop came to the gaol they conversed together privately when Jessop told

P238

Me if I went to his house in an hours time I should find some of r Stewart’s things. I went there about two or three o clock Mr Stewart was with me Mrs Jessop told me if I went into the next skilling I should find a Bundle I went into the skilling and under a quantity of broken Bricks found this striped cotton shirt and this white cotton handkerchief also this pair of nankeen Trowsers.

/signed/ Wm Longhurst

Sworn before me at Launceston the twelfth day of October 1826

/signed PA Mulgrave

The examination of Richard Marsh who saith I went on board the schooner Nelson with Michael Purton at George Town on Tuesday or Wednesday about the 26^th of September he asked me to exchange a pair of woollen cloth trowsers for a pair of canvas trowsers which he delivered to me and said he would take the woollen trowsers when he next come on shore these were the woollen trowsers I had thence then on my Person I carried the trowsers he gave me to Jessop’s house and left them there I did not lodge at Jessop’s I never knew Purton before

Richard X Marsh

His mark

P239

Taken before me at Launceston this tenth day of October 1826

/signed/ PA Mulgrave JP

The examination of James Jessop a convict in the Public Works at George Town who saith on Tuesday the 26^th of September Richard Marsh brought a pair of canvas trowsers to my House and asked me to let them remain there until he could take them down to the Boat that he did not like to take them to the Penitentiary he did not tell me where he got them from he had a Bundle tied up in a White Handkerchief which I saw him take into a ruined skilling adjoining my House and come out again without them I therefore supposed he had hidden them when I said I had made the Trowsers I was intoxicated.

James X Jessop

His mark

Taken before me at Launceston this tenth day of October 1826

P240

The examination of Elizabeth Jessop who saith John Murry left this pair of canvas trowsers at my Husband’s House about a fortnight ago he came there on an evening very tipsey and asked my husband permission to leave them there I know nothing about tis striped shirt this Handkerchief nor this pair of nankeen trowsers I never told Longhurst they were in the next skilling to my Husband’s house I never told him he would find a bundle there I am sure Richard Marsh did not bring this pair of canvas trowsers to my Husband’s house I am ready to swear to the truth of this statement.

Taken before me at Launceston the twelfth day of October 1826

/signed/ PA Mulgrave JP

p241

Richard Marsh

James Jessop

Originals went to the attorney general 30^th October ‘26

Schooner Nelson

Property VDL Company

E Curr

[in pencil]

p242

Van Diemen’s Land

Woolmers, Lake River

22^nd Nov 1826

Present

Tho archer J.P.

Benjamin Waldron convict per arab /sentence life/ assigned servant to Mr Patrick Kean of Norfolk Plains, charged with suspicion of having killed a young Beast /steer or heifer/ the property of some person at present unknown and with having in his possession a piece of beef, being part of the carcass of the said steer or heifer

Prisoner pleads not guilty

The information on oath of James Kean taken before Thomas Archer JP on the 20^th Novr instant read – also the examination of Benjamin Waldron taken on the same day being read –

James Kean, sworn saith, I have not been able to discover to whom the steer or heifer found killed near Herberts Lagoon on the 26^th November belongs, nor have I been able to discover any thing further relative thereto – as I was taking the prisoner Benjamin Waldron to the constable at Norfolk Plains on Monday last the 20^th inst. He said to me, “do not expect to get me back again for it you do I will kill your cattle as fast as I can come up with them”.

Sworn before me at Woolmers this 22^nd day of Novr 1826 in presence of the prisoner

Tho: Archer JP

P243

Benjamin Waldron says, he does not wish to say anything farther –

The prisoner committed for further examination

Tho: Archer

P244

Van Diemen’s Land

The examination of Benjamin Waldron (looks a bit like Watson) convict, per arab, sentence life – does not know his Police Number, who saith I have been assigned to Mr Patrick Keane nearly two years and have resided upon his farm at Norfolk Plains for more than twelve months – This morning my master sent me after the cattle which I am employed to mind, as I went along I fell in with a young beast lying dead near a place called Herbert Lagoon about a mile & three quarters from my master’s House – the hind quarters of this Beast had been taken away, the hide had been skinned off the hid quarters there was an I branded on the part of the hide which had covered the near hip and some other Letter which I could not make out – I examined the Beast and found it had been shot in the shoulder – on leaving the spot I saw the cattle making a noise round a hole – I went up and on looking saw some bark covered over the Hole, I lifted the Bark up and found this shirt with a piece of Beef in it – I examined the meat and found it was fresh – I tied it up again in the shirt and place it on my

P245

Head intending to take it home to my master & let him see it, when I had proceeded about two hundred yards I saw my master’s son James Kean, I told him where I had found the meat & that there was a beast lying dead near to it and I shewed him where it was – as soon as James Kean saw the Beast, he said I had killed it & that he would take me before a magistrate.

Taken before me this 20^th Novr at Woolmers, Lake River

Tho:Archer JP

Benjamin Waldron’s mark X

P246

Van Diemen’s Land

Woolmers, Lake River

20^th Novr 1826

The examination of James Keane who saith /in the presence of Benjamin Waldron/ about three o clock on the afternoon of this 20^th day of the Month of November I met Benjamin Waldron one of my father’s assigned servants about a mile from the House, where we live – I saw that he had a bundle on his head, I asked him what he had there, he said he had some meat that he was taking home for the dogs – I desired him to shew me the meat, he did so and I found it was beef, quite fresh I asked him to shew me where he had got it from – he took me down to a place called Hebert’s Lagoon and there shewed me the remains of a young Beast; the whole of the hindquarters of which were gone – the Head and neck were there and the forequarters – There was a quantity of blood upon the ground in front of the neck – I also found that the skin had been taken off the Hind Quarters with a knife & turned back towards the forequarters; I observed the letters IB branded on the part of the skin which had covered the rear hip – There are no cattle with this brand in my father’s herd

P247

All his cattle are branded P.K. some on the near hip, some on the near Thigh & some on the off shoulder – To the best of my opinion this small Beast branded I.B. had been killed about twenty four hours – This piece of Beef which I took from the prisoner Benjamin Waldron is a part of the Thigh of a yearling herd of cattle – I desired Benjamin Waldron to take the piece of Beef home to my father

Patrick Kean’s House, he refused to do so and drew back from me saying “take care you do not know who is about you” – intending to frighten me by hinting that there were persons near who would help him – Benjamin Waldron refused to carry the meat home & I was obliged to carry it home myself & I was also obliged to keep hold of him to keep him from going away – when I got home with the meat & the Prisoner, my father desired me to take the prisoner to the District constable Mr Fullarton – I went there & found he was from home – My father then desired me to take the Prisoner Waldron before the Magistrate of the District which I have accordingly done –

I firmly believe

P248

The piece of Beef which I found upon the Prisoner was part of the young Beast which was lying dead at the Herbert’s Lagoon – The Prisoner is employed herding my father’s cattle – when I met the Prisoner with the Beef, he was going from my Father’s House, not towards it –

Sworn before me at Woolmers, Lake River this 20^th Novr 1826

Tho:Archer

James Kean (signed)

P249

Rex vs Benjamin Waldron

Dismissed 29^th Nov 1826

Woomers

Patrick Keane

[in pencil

p250

Van Diemen’s land

Woolmers, Bathurst

22^nd Novr 1826

Present

Tho: Archer J.P.

Joseph Mould Convict per Medway, for life, assigned to Abraham Walker Esq charged with absenting himself from His Master’s Farm for Two Days and two nights without permission – with disobeying his master’s orders and with assaulting & striking at his master with a stick –

The prisoner pleads Guilty

The Prisoner Joseph Mould refused to say anything in his defence, or in excuse for his misconduct – but on the contrary behaved with the greatest insolence, and asserted that he would have killed Mr Walker if he could – and that he should be hanged before long – meaning I suppose that he would commit some act that would bring him to such as end

Tho: Archer J.P.

The Prisoner Joseph Mould is committed for further examination

Tho: Archer J.P.

Remark – the prisoner appears to ne insane

Tho (tiny 2 char signature)

P251

Joseph Moulds

29^th November 1826

decided 29^th Novr

Woolmers (in pencil)

P252 (see footnote Robert Lawrence [iii] died 1833, botanist)

The information of Mr Robert William Lawrence son of WE Lawrence Esquire who being sworn saith yesterday fortnight I was at the House of my Father at Formosa near the lake River when the Prisoner Patrick Bryan and six or seven other armed men obliged me and some other Persons who they had made their Prisoner put a quantity of straw into my Father’s House to which one of his Companions who was called Murphy set fire, the Prisoner remained near the House armed with a musket and Bayonet until the House was nearly consumed, so soon as the Straw in the House was set fire to some of his Companions set fire to five stacks of corn three of wheat one of barley and another partly of barley and partly of oats, the Prisoner threatened to cut off my ear several times whilst he and his companions made me cook some mutton for them.

Robert William Lawrence (signed)

Sworn before me at Launceston this seventh day of March 1826

PA Mulgrave JP

P253

Cornwall

To Wit

The information of Mr Alexander Rose who being sworn saith, I reside with my uncle Mr David Rose at Emu Plains, about ten o clock this morning the seventh day of March, I was getting my Breakfast in company with Mr Alexander Cameron, when I heard the report of a Gun, I got up and sent out of the House and saw five armed men running towards Mr Rose’s House, they were followed by a Party of twelve or thirteen other armed men who were firing and running the five men they passed Mr Rose’s House at a distance of about six hundred yards, I had only two Guns in the House at the time. Mr Cameron immediately took it and followed them men who were pursuing and firing Samuel Davies, William Hibble /two convicts/ and I follwed, I was armed with a Bayoneet only David and Hibble one of them and Samuel Davies my uncle’s assigned servant requested me to let him have the other, I gave it to him and

P254

Mr Cameron and him immediately followed the men who had run past the House.

I found a Bayonet in the House, William Hibble assigned servant to Mr McKinnon and John Burridge an assigned servant to Mr Lane were near the House, and accompanied me in search of the two men who I supposed had been either wounded or disappeared from the Party of five, as it was well known that a Party of seven Bushrangers were in the neighbourhood when we had got about a quarter of a mile from the House, we fell in with a soldier and James Goodwin a Prisoner, who lives upon Mr Scott’s farm at the Springs, the Soldier said he had left his Comrades with the intention of getting before the Bushrangers and had lost his party in consequence; Goodwin said he had left his house on account of hearing the Report of Guns, the Soldier continued his way to Mr Rose’s House, Goodwin joined Hibble, Burridge and I, the Soldier pointed to the place where he said he had fell in with the Bushrangers, and we continued our way in that direction, and when we had gone about a quarter of a Mile, Hibble said there is a Bushranger, and I immediately saw a man

P255

Running from us, he was about two or three hundred yards from us, we pursued him, I was a little before the men that were with me, and caught hold of the man who was endeavouring to run away he had no jacket or coat on, nor any arms about him, so soon as I caught hold of him he said I am done, I asked him who he was, he would not tell me, he said to me your name is Rose it is a good thing for you I had no arms with me, perhaps in a month’s time you will repent taking me, I took him to my uncle’s House and gave him in charge to the soldier, who tied his Hands behind him with my handkerchief.

Hibble and Burridge were about nine yards behind me where I laid hold of the man, and I am sure ran as fast as they could after the Bushranger. This is the man who calls himself Patrick Bryan who I took this morning at the time and place before mentioned I was present when this pouch of powder and these leaden Balls were taken from his person.

Alexander Rose (signed)

P256

Sworn before me at Launceston this seventh day of March 1826

PA Mulgrave JP

Rex V Patrick Bryan

And others

March 1826

Bushrangers in Pencil

END OF VOLUME

2 Comments

Posted in 1

ms 3251 1822-1825 box 2 vol 1

Posted on October 24, 2009 | 3 comments

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

TRANSCRIPT FOLLOWING:

letter, 5 March 1825, from [as yet] unknown convict [sailed Woolwich] to his wife.

MS3251 1822-25 box 2 vol 1 p176

TRANSCRIPT:

p1 (March 1822 pencil, blue pencil underlined)

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

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

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

WM Lucas

Sworn before me at Launceston this 26^th August

PA Mulgrave

Wm Lucas

Job Garfield 26^th August 1824

(bushrangers in pencil)

p5 (Jan 1824 in blue wax pencil)

Cornwall

Van Diemens Land

To Wit

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

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

Geo. Hull

Sworn before me at Launceston

this 18^th day of January 1824

PA Mulgrave JP

p7 (inserted letter )

Sir

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

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

Your most obed st

John Smith

Launceston

Sunday morn

Jany 18th 1824

George Hull Esq

George Hull esq

v john Smith and John Batman

18^th January 1824

(to fight a duel – in pencil)

p9 (1824 in blue pencil)

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

M Abbott (signed)

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

PA Mulgrave

p10

affidavists of MR ABBOTT FW Williamson

v Mrs Fitzallan

6^th February 1824

p11 (April 1824 in blue wax pencil)

Declaration of James Smith

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

p12

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

p13

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

James X Smith

his mark

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

S Wright

JP & Commandant

p14

Information of James Smith

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

7^th April 1824

(Assault in pencil)

p15

To Liet col Charles Cameron

Commandant

& & 7

The Humble Petition of

Catherine Fowlser

Sheweth

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

Launceston 1^st June 1824

William Bray (??)

Catherine Fowlser (signed)

p16

To Liet col Charles Cameron

Commandant

The Humble petition of Catherine Fowlser

Launceston 1 June 1824

p17

(slip of paper c18 x 12 cm w x h )

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

Laughlan White

26^th April 1824

Launceston

p18

agreement between Laughlin White and his wife

26^th April 1824

p19

Unto the Honorable

The Bench of Magistrates Launceston

The memorial of Robert Towers humbly sheweth

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

Robert Towers

Launceston

21 June 1824

p20

Cornwall

Van Diemen’s Land

To Wit

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

Laughlin White (signed)

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

PA Mulgrave JP

p21 (pencil separation agreed to)

Laughlin White vs Margaret White

29^th April 1824

p22 (April 1824)

Cornwall

Van Diemens Land

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

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

p23

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

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

p24

of the Reign of hiss said Majesty King George the fourth

p25

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

24^th April 1824

(Murder underlined in pencil + Bushrangers underlined in pencil)

p26

Launceston

26^th April 1824

Sir

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

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

I have the honor to be

Sir

Your most obed humble servant

to Capt. Robinson

p27

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

Letter for Capt Robinson

26^th April 1824

p28 (may 1824 in pencil)

Cornwall

Van Diemens Land

To Wit

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

p29

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

G Lawson

Chief Constable (signed)

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

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

p30

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

Thos Jhonson (signed)[i]

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

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

p31

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

p32

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

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

p33

Informations against Thomas Jeffries

taken at the Police Office

14^th May 1824

Decided

19^th June 1824

(Jeffries the Bushranger – in pencil)

p34 (very ornate handwriting)

Launceston 3 May 1824

Col Cameron

Sir

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

And I have the Honnor to be

Very Resp

Srvt

January of

James Towers

George Town

p35

Van Diemens Land

Cornwall

To Wit

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

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

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

Thos x Graddy

his mark

Sworn before me at Tallisker this 22d

day of June 1824

D M Leod JP

p36

Deposition of Thos Graddy

p37

Van Diemens Land

Cornwall To Wit

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

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

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

Henry Weston (signed)

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

DMc Leod JP

p38

Information

taken by D Mc Leod

v Stephenson & others

June 1824

(Robbery in pencil)

Deposition of Henry Weston

p39 (June 1824 in pencil)

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

p40

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

p41

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

Taken before us at Launceston

This 22^nd day of June 1824

Chas Cameron JB (signed)

Peter Archer Mulgrave Esq (signed)

p42

Examination of John Perry

June 22^nd 1824

Decided

p43

Cornwall

To Wit

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

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

Sworn before us at Launceston this 22 day of June 1824

John Wilcox (signed)

Serg Bicks? (signed)

Chas Cameron JP (signed)

PA Mulgrave Esq (signed)

p44

Information of Serjeant Wilcox against

2 runaways found on Preservation Island

on the 12^th of June

decided

22 June 1824

(runaway convicts)

p45

Cornwall

To Wit

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

p46

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

Thos Tombs (signed)

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

PA Mulgrave Esq(signed)

p47

Clarendon 17^th June 1824

Dr Div/

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

The prisoners Phil? Reardy?

M? Heillyer, Mathm Stevenson and Joseph? Twig?

PA Mulgrave Esq

N Police

Le le le

p48

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

I remain

Sr Din

Yours truly

James Cox

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

p50

Clarendon 10^th? June 1824

Dear Sir

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

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

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

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

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

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

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

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

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

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will excuse it.

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

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

James Henty ??

James Cox

p55

James Cox

June 24^th

unreadable

(bushrangers in pencil)

p56 (July 1824 in blue pencil)

Cornwall

Van Diemen’s Land

To Wit

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

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

William Lawson (signed)

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

(no name)

p58

Pawly

July 11^th 1825

p59

Van Diemen’s Land

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

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

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

James Laverty (signed)

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

Tho: Archer JP (Signed)

p62

Laverty vs Pawley

6^th April 1825

jp esq

code – 4 pc Ly General

18^th July 1825

13 jy

(Brady and his gang – in pencil)

p63

Cornwall

Van Diemen’s Land

To Wit

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

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

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

James X Kermody

his mark

Sworn before me at Launceston this tenth day of June 1825

PA Mulgrave

p65

Cornwall

Van Diemens Land

To Wit

margin:

357/7y January 1824

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

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

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

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

Taken before me at Launceston this tenth day of June 1825

PA Mulgrave JP (signed)

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

Rex vs Park

Pawley vs others?

10^th June 1825

decided 2^nd July

10 pc. code and Lt Gov

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

Van Diemens Land

To Wit

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

margin

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

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

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

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

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

James X Wilson

his mark

????

Crawford vs others

29^th July 1824

p73

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

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

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

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

Sworn before me at Woolmers

Thos. 19^th July 1824

Thos Archer JP

PA Mulgrave JP

Jno X Smiths mark

p77

Van Diemens’s Land

To Wit

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

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

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

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

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

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

p80

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

Francis X Murray

his mark

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

PA Mulgrave

p81 (Bushrangers Sept 1824 – in pencil)

Clarendon

27^th Sept 1824

Hr Sir

I forward the enclosed information for your perusal.

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

I remain

Yours truly

James Cox (signed)

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

p82

On H Majesty’s Service

PA Mulgrave Esq

p83

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

p84

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

James X Laughlin

his mark

Sworn before me this 24^th Sept 1824

(who ?) Cox?

p85

Cornwall

To Wit

Clarendon 27^th Sept. 1824

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

p86

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

p87

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

p88

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

John X Isacks

his mark

Sworn before me this 27^th Sept 1824

James Cox JP

p89

Cornwall

To Wit

Clarendon

Sept 27^th 1824

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

p90

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

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

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

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

Anthy Cottrell (signed)

Sworn before me this 27^th Sept 1824

James Cox JP

p92

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

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

Thomas Beswick (signed)

Sworn before me this 27^th Sept 1824

James Cox JP

(inserted 2 pages held by red plastic paperclip)

p94

His Worship H. Mulgrave Esq

Police Magistrate

Launceston

p95

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

Sir,

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

apologise for a great misfortune that happened me, after the

barer MW Kennerd, had taken the Bushranger Brady at

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

community, through his laudable and virtuous endevers to apprehend

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

p96

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

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

the Bushrangers before any partys if incouraged, but they are

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

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

them.

I have the Honor to be Sir,

Your much obliged, most

obedient and Humble

Servant

Thos. Kenton (signed)

p97

To the Worshipful

Bench of Magistrates

p98

To the worshipful Bench of Magistrates

Your workships,

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

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

And your supplicant will ever

have a greatfull acknowledgement

to you as in Duty bound

Thomas Kenton

p99 (Brady Oct 1824 in pencil)

Van Diemen’s Land

To Wit

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

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

p100

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

p101

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

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

William Kennard (signed, curly)

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

PA Mulgrave

p102

[/code]

p103

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

p104

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

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

p105

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

Samuel X Hite

His Mark

Taken before me at Launceston this eleventh day of October 1824

I got there about four o clock

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

p106

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

p107

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

Samuel X Hite

his mark

p108

Capture and escape of Brady – in pencil

p109

of manual labour

sentence

Twenty five lashes and returned to his master’s employ

Launceston April 19^th 1824 PAM ESQ

William Stevens Free Caledonia

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

Plea guilty

sentence

to pay 5/- to police funds

William Patterson Free Andromeda

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

Plea guilty

sentence

to pay 5/- to police funds

Launceston April 20^th 1824 PAM Esq

John Robinson PM P Regent 7 years

Charged with being drunk and disorderly on the streets yesterday

Plea guilty

sentence

25 lashes

Martin Edward Castle Forbes 7 years

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

William Gray Mariner Cockburn 7 years

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

Plea Guilty

Sentence by PA Mulgrave and JC Simpson Esquire

to forfeit the rum and the cask containing the same…

p110

Launceston April 22^nd 1824 Present PAM and JCS Esqrs

Charles William Free an indentured apprentice to Connor Rourke

Charged with absconding from his masters service.

Charles Williams admits having left his masters Services.

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

Signed John Austin

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

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

Decision

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

p111

Thomas Archer esq

Thomas Robjant Hastings Kangaroo life

holding a Ticket of Leave

Charged with contempt of court on Saturday last

Remanded for further examination

Police Office July 6^th JCS and PAM Esq

James Bateman Somersetshire 14 yrs

Holding a Ticket of Leave

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

and abraiding him with having taken Bushrangers

Plea Not Guilty

The information of John McCarthy being read and confirmed

Reprimanded and ordered to remain in Launceston

PAM and DMLd Esq

James Holman Malabar 14 years

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

Please Not Guilty

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

p112

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

Signed Thomas Manning

Acquitted

p113

Abraham Moses Ly Castlereagh 7 years

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

Plea Not Guilty

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

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

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

Signed James Parish

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

p114

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

The estate of the late Edward Cox

To William Fenton Dr

1822

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

inclusive 70 days at 5/- per day

£ .s .d

17.10.5

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

£ .s .d

29.10.0

£47.0.0

p115

To the worshshipful Bench of Magistrates assembled

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

October 1824

The humble petition of William Fenton Respectfuly Sheweth

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

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

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

p116

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

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

Witness Geo Aylwin

Launceston

William X Fenton

his Mark

(blank) day of October 1824

p117

October sittings

Memorial to the Worshipful

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

Oct 1824

p118

Launceston 5^th Feby 1825

Present

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

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

Plea NOT GUILTY

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

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

p119

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

Signed Mark X Wilson

his mark

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

Signed Mary X Orchard

her mark

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

p120

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

Decisions

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

A true copy from the Bench Record

Robert Wales (signed)

Alt to the Bench

p121

William Kelsal

5 Feby 1825

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

Van Diemens Land

To Wit

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

You are hereby commanded to apprehend George Proctor/free

charged with absconding form the Service of Mr Samuel Spode

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

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

PA Mulgrave JP

p123

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

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

PA Mulgrave JP

J am Spode

p124

Spode v Proctor

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

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

information v King v Austin

5 x lines shorthand

20 x lines shorthand incl:

James

James King

John Austin

p126

20 x lines shorthand incl:

7’ o clock pm

John Austin

James King

John Snailhouse

5 x lines shorthand incl:

James King

p127

6.3 x lines shorthand incl:

Joseph King

J Besham

J Gildas

28^th July at George Town

George Mason Countess of Hereford? Life

John Perry Commodore Hayes Life

Edward Gadesby Phoenix 7yr

2 x lines shorthand incl:

Thos. Binks

Please not guilty

9 x lines shorthand incl:

Thomas Banks

Mason

Gadesby

The prisoners deny the charge.

25 lashes (shorthand) Gadesby

John Perry shorthand x 7 symbols

Mason Henry shorthand x 7 symbols

Gadesby shorthand x 7 symbols

p128

John May Asia 7 1820 + 1 shorthand symbols

Henry Bridge Almorah 7 1818, 1820 + 3 shorthand symbols

John Mason Lola? 7 + 2 shorthand symbols

Charles Berry Juliana + 1 shorthand symbols

+ 21 lines of shorthand symbols incl:

Joseph Parker

Watts

J Holmes

Joseph Watts + 12 lines of shorthand symbols incl:

B May, J Berry

May

Mc Kergan

Charles McKergan + 7 lines of shorthand symbols incl:

Mason

Holmes

Thos Spyson

Watts

Banks

May

p129…..continued

+ 9 lines of shorthand symbols

Thos Banks + 9 lines of shorthand symbols incl:

May

Mark Wilson + 8 lines of shorthand symbols incl:

May

Mason

Parker

Thomas Bok + 7 lines of shorthand symbols incl:

48^th Regt

morden

W Mahony

Joseph Brown

James Murphy

Wilson

p130

James Longhurst + 10 lines of shorthand symbols incl:

Joseph parker

C Berry

Mason

May

Berry

Wm K MCign + 2 lines of shorthand symbols

George Lonsdall Gooch + 4 lines of shorthand symbols incl:

Joseph Parker

Jane Gosling, Dromedary, free

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

Charge admitted

Prisoner returned to the service of Govt

27^th July

p131

James Murphy Castle Forbes 7 July 1818 PWED?

27^th July

+ 2 lines of shorthand symbols

Edward Rudge + 10 lines of shorthand symbols

Samuel Blake

+ 8 lines of shorthand symbols incl:

Joseph Watts

Blake

James Murphy

+ 8 lines of shorthand symbols incl:

Mr Pryce?

James Dunn

N Ronds

p132

Richard Blake

+ 4 lines of shorthand symbols

Samuel Blake

+ 9 lines of shorthand symbols

p133

Ann Rudge

+ 32 lines of shorthand symbols incl:

Easter

Rudge

Blake

Joseph Parker

28^th July 1825

p134

Proceedings at George Town

27^th 28^th 29^th

July 1825

5 x shorthand words

(short hand – in pencil)

p135 (Feb 1825 in pencil)

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

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

p136

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

Brofsw (signed)

Sworn before me at Launceston this fifth of February 1825

Thos Archer JP (signed)

H Simpson JP (signed)

PA Mulgrave JP (signed)

p137 (Bench bushrangers in pencil)

Corporal Prosser

John Chadwick

feby 5 1825

p138

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

Christopher Rowe

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

H Simpson

p139(rev Youl in Pencil)

Rowe v Whitchurch

decided April 26^th

^{mary ann jubb footnote [ii]}

p140

Cornwall

Van Diemens Land

To Wit

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

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

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

p143

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

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

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

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

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

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

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

p147

House belonging to Joseph Shaw.

Mary Ann X Jubb

her mark

Sworn before me at Launceston this fourth day of March 1826

W Balfour JP

PA Mulgrave JP

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

p148

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

Theodore Bryant Bartley (signed)

Sworn before me at Launceston this fourth day of March 1826

M Balfour JP

PA Mulgrave JP

p149

Mary Ann Jubb v Theosophilus Barclay

4^th march 1826

informations on? Dr Priest

p150

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

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

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

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

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

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

I have the Honr to be Sir your O H Servant

Geo Jubb

To William Balfour Esq

Col Commmr

&c &c &c

p153

To William Balfour Esquire

Colonel Commandant

Sir,

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

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

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

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

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

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

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

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

George Jubb (signed)

H.M. Gaol

Launceston

18^th Feb 1826

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

p156

William Balfour Esquire

Colonel Commandant

George Jubb to Lt Colonel Balfour

18 May 1826

Dr Priest

p157

Launceston April 1825

Agreement between John Mc Carty and W Phillips Esq

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

JOhn Mc Carthy Dr

Fr W Phillips

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

1 ½ lbs of twine @ 8d 12.0 d

½ of tobacco 5.0

Paid and Police Officer 7.0

One cotton shirt 8.0

½ Ib tobacco 5.0

Mr Daly by Mc Carty’s order 5.5.0

Mr Manning Do Do 1.6

£7.15.6

p158 ( sep 25 – in pencil)

Cornwall

Van Diemen’s Land

To Wit

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

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

James Amos (signed)

Sworn before me at Launceston

this thirteenth day of September 1825

p160

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

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

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

p162

Bushrangers

James Amos (Signed)

p163

James Amos respecting sheep at Oyster Bay

no date

p164

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

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

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

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

WM Faber (Signed)

Taken the 3^rd of October

PA Mulgrave JP

Faber v Brady & c

3 October 1825

p168

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

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

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

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

John Phillip Davis (signed)

Sworn before me at Launceston this eighth day of October 1825

PA Mulgrave JP

p171

Brady )ct 1825 – in pencil

p172

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

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

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

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

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

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Vandimand.Land. March the 5/ 1825

Dear wife I send you these few lines

hoping it will you find you in good

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

be to God for it dear wife the ship

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

wich dear wife we had a comfortable

voage thanks be to God for it I had

good health all the voage and had

not one single person died dear

wife leaving my home dose not greve

me the lest but leving you behind

me dear wife greeve me the worst

the country that I am in is a esatremly

fine plenty of corn grain of every kind

I have my lirberty in the country wich

I have as well of as in my own Country

[no further text!!!]

p177 March 1825 in blue pencil

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

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

p178

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

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

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

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

Thomas X Simms

his mark

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

James Cox Jp

PA Mulgrave JP

DM Lord JP

p179

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

p180

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

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

John Brown

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

PA Mulgrave JP

James Cox JP

DW Lord JP

p181

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

p182

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

Jonnhan Kendall (signed wobbly)

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

James Cox JP

PA Mulgrave JP

DW Lord JP

p183

examination respecting

Bridge and Simms

decided (in pencil)

Escaping from Macquarie Harbour (in pencil)

p184 [Mar 1825 – in blue pencil]

Cornwall

Van Diemen’s Land

To Wit

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

p185

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

William Lawson (signed)

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

PA Mulgrave JP

Lawson vs Bell and Wright

8^th March 1825

decided

p186 June 1825 in pencil

Cornwall

Van Diemens Land

To Wit

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

p187

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

/signed/ W.E. Leith

Sworn before me at Launceston this sixteenth day fo June 1825

PA Mulgrave JP

p188

Rex vs Pawley and others

June 1825

p189 June 25 in pencil

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

James X Cook

his mark

Sworn before me at Launceston this eleventh day of June 1825

PA Mulgrave Esq

p190

Cooke vs White, Cosgrove and Bollard

Harbouring Pawley

11^th June 1825

p191

Secretary’s Offie

25^thJuly 1825

Sir

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

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

I have toe honor to be

Sir

Your most obedient

humble servant

John Montagu (just peace?)

Lt Colonel Balfour

Commandant

Launceston

p192

John Montagu

25^th July 1825

Jas Cunningham

to be called in

p193 Aug 1825 in blue pencil

Cornwall

Van Diemen’s Land

To Wit

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

WH Wedge

Sworn before me at Launceston

this sixth day of August 1825

H Simpson JP

PA Mulgrave JP

p194

The affadavit of Mr Wedge

August 6^th, 1825

p195

Van Diemens Land

To Wit

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

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

p196

there which was not to be found this morning.

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

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

Isaac Wolfe slept in the Cart last night.

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

Robert X Peat

his mark

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

PA Mulrgave JP

p197

Van Diemen’s Land

To Wit

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

p198

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

JW Wedge

asst surveyor

Sworn before me at Launceston this fifteenth day of February 1825

PA Mulgrave JP

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

p199

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

Taken before me at Launceston this fifteeth day of February 1825

PA Mulgrave JP

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

George Lawson (signed)

Sworn before me at Launceston this fifteenth day of February 1825

PA Mulgrave

p200

Wedge v Robinson

decided 15^th February 1825

John Helder Wedge

Surveyor General

VDL

1825

[in pencil]

p201 August 1825 in blue pencil

Cornwall

Van Diemens Land

To Wit

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

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

Elizabeth X Saltmarsh

Her Mark

Sworn before me at Launceston

this twenty first day of August 1825

PA Mulgrave JP

p202

Saltmarsh v Stevens assult

decided 15^th Aug 1825

chaise in pencil

p203 Aug 1825 in blue pencil

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

p204

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

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

Elizabeth X Jessop

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

PA Mulgrave JP

p205

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

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

close to the Bed where Mrs Jessop and I

p206

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

Ann X Sharman

her mark

Sworn before me at Launceston

this twenty first day of August 1825

PA Mulgrave JP

p207

???? [Jessop]

vs Jeffries and Baldwin

decided

Aug 24^th

p208 [Aug 1825 in blue pencil]

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

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

p209

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

William Atkins (signed)

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

PA Mulgave JP

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

JA Hill Junior

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

PA Mulgrave JP

p210

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

[unsigned] [unwitnessed]

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

[unsigned] [unwitnessed]

p211

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

Richard X Clark

his mark

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

PA Mulgrave JP

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

JL Munro (signed)

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

H Simpson JP

p212

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

Taken before me at Launceston

this thirtieth day of July 1825

PA Mulgrave JP

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

Thomas X Blanchard

his mark

Sworn before me at Launceston this thirtieth day of July 1825

PA Mulgrave JP

p213

[paper watermarked RAILFORD 1822]

Rex

Springfield & Pittman

Decided

6^th August

1825

Maria Island

[8 char pf shorthand]

[Maria Island in pencil]

p214

Cornwall

Van Diemen’s land

To Wit

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

p215

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

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

Thomas X Etherington

his mark

Sworn before me at Launceston this sixth day of August 1825

PA Mulgrave JP

p216

Rex vs Thomas Cumberlidge

dismissed 6^th August

1825

[Thomas Jeffries ?? Flagellator]

p217 [1825 in blue pencil]

To T.C. Simpson Esq J.P. &c & c

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

Sir

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

I have the Honor to be Sir,

your most obliged most

obedient and humble servant

George Hacking

Launceston Jail

13^th October 1825

p218 [Sept 1825 in blue pencil]

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

p219

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

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

p220

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

p221

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

Thomas X Bostock

his mark

Taken before me at Launceston

this twenty fourth day of September 1825

PA Mulgrave JP

Thomas Bostock Respecting

Lieutenant Dalrymple’s property

p222 [Oct 1829 in blue pencil]

Van Diemen’s land

to wit

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

signed Thomas Johnson

Exhibited and taken the day and year first above written

signed James Gordon

p223

Van Diemens Land

To Wit

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

Given upon our Hands and seals

the day and year first written

Signed James Gordon

Williams Barnes

p224

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

Signed Charles x Smith

his mark

Sworn before us at Launceston

the 24^th of October 1829

[glued in note]

Launceston Jan 27^th 1825

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

William Smith

p225

Thomas Johnson

v John McDiarmid

harbouring Emma Holman

a convict on the 14^th October 1829

Decided 24^th October 1829

Fined 51 dollars

Johnson

Smith

p226 [Nov 1825 in blue pencil]

Dear Sir,

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

Believe

Dear Sir

Your most faithful and obed servant?

WL Balfour

PA Mulgrave JP

Launceston

7^th November 1825

p227

Cornwall

Van Diemen’s Land

To Wit

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

p228

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

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

Anthony Jones

Sworn before me at Launceston

this fourth day of November 1825

PA Mulgrave JP

p229

Jones vs Barnard

Decided 8^th November 1825

[Balfour in pencil]

p230 [Dec 1825 in pencil]

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

p231

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

p232

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

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

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

Rouge.mont on the Tamar

Septr 24” 25

p234

[1 small page of shorthand]

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

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

p237

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

[end of text…]

p238 paper watermarked RAINLORD 8122

Russell information (in pencil)

Jeffried (in pencil)

December 1825

Bushranger Jeffries (in pencil)

p239 Dec 1825 in purple pencil

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

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

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

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

p241

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

Alexander Gardiner (big signature)

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

PA Mulgrave JP

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

A Barclay

Sworn

p242

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

PA Mulgrave JP

Rex vs William Matthews

Felony

Decided 31^st Jan 1826

Bushrangers underlined in pencil

p243 Dec 25 in pencil

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

p244

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

p245

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

p246

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

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

Alexander Gardiner (signed)

Sworn before me at Launceston

this twenty fourth day of December 1825

PA Mulgrave

Rex vs William Matthews

aiding Bushrangers

p247 Dec 25 in pencil

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

p248

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

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

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

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

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

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

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

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

Ann X Biffin

her mark

Sworn before me at Launceston

this twenty eighth day of December 1825

PA Mulgrave JP

[black man [iii]

p250

Ann Biff

Worthington Joe/Long

dismissed Jan 2 26

[bushrangers in pencil]

p251

Cornwall

Van Diemen’s land

To Wit

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

p252

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

John X Bavin

His mark

Sworn before me at Launceston

this thirteenth day of October 1825

p253

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

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

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

Thomas X Faro

his mark

Sworn before me at Launceston this eighteenth day of October 1825

H Simpson JP

p255

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

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

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

Robert X Upton

his mark

Sworn before me at Launceston

this fifteenth day of October 1825

H Simpson

p258

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

p259

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

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

James X Sproul

his mark

Taken before me at Launceston

this fifteenth day of Oct 1825

H Simpson

p260

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

Robert X Hunt

his mark

Taken before me at Launceston this fifteenth day of October 1825

H Simpson

p261

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

John X Bavin

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

[no signature – Simpson?]

p262

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

George X Young

his mark

Sworn before me at Launceston this nineteenth day of Oct 1825

H Simpson

p263

Rex v James Sproul

and Robert hunt

Felony

acquitted

21^st October 1825

Brady and McCabe in pencil

p264

Cornwall

Van Diemen’s Land

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

p265

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

This information had already been taken to Hobart Town.

Rob Harrison (signed)

Sworn before me at Launceston this second day of Decemberr 1825

PA Mulgrave JP

Rex v Ashworth and others

2^nd December 1825

Pres Island – in pencil

p266

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

James Feigh

Pair drill trowsers

worsted cap

pr m

pr grey trowsers

pr half boots

shaving brush, palon? and razor

spoon

knife and fork

four nonks?

Henry Ashworth

pr duck trowsers

flannel shirt

white do

blue jacket

? under waistcoat

striped do

collars and pad

canvas bag

purse, sent box

quantity of kangaroo sinews

John James Mooring

1 small bag

tobacco quantity

fishing lines &c

1 pr cotton drawers

1 blue trowsers

1 black silk handkerchief

1 striped waistcoat

2 box keys?

1 patched jacket

I striped cotton shirt

I checked do

I worsted cap

1 pr do stockings

1 moccasins

1 spoon

1 tinder box

Thorn and Martin

I drab jacket

1 pr duck trowsers

1 blue jacket

1 clothes brush

1 hat stick

1 worsted cap

1 looking glass

2 towels

1 shawl

1 pink striped handkerchief

1 false? collar

I blk silk waistcoat

I paper inkpowder

1 knife fork and spoon

1 razor strop

1 white neck cloth

p267

List of articles belonging

to four runaway convicts

taken at Cape Barren

December 1825

p268

Van Diemens Land

to wit

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

p269

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

p270

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

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

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

Taken before me at Launceston this second day of March 1826

p271 (exact copy of above)

Van Diemens Land

to wit

p272

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

p273

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

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

p274

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

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

Taken before me at Launceston this second day of March 1826

PA Mulgrave (signed)

END OF VOLUME 1 BOX 2

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Posted in 1

ms 3251 1825-31 box 1 vol 4: “Black Natives” – also Paton vs Gregson

Posted on October 24, 2009 | 1 comment

BLACK NATIVES 1825-1831
Echoes of Bushranging days In VAN DIEMEN’S LAND
Manuscript 3251 vol 4 in BOX 1 of 4 vols. Collection of the National Library of Australia.

TRANSCRIPT:

p1 [March 1825 in pencil]

Cornwall VDL

March 1825

Be it remembered that on the 22^nd March inst. I went to Mr Barclay’s Stock hut at Mills Plains on the Creek Nile accompanied by my overseer Mr Thomas Murray?, Joseph Dobson, and Samuel James. I found the hut burned and nothing remaining but two iron pots, two frying pans, iron works of three spades? and a bucket outside the hut. My assignment servant Thomas Booth with William Arnold an assignment servant to Mr Barclay who had been in charge of the hut were milking, Samuel James who had followed a kangaroo Dog belonging to one of the stockkeepers that had gone into the bush about a hundred yards from the hut called out there is a man laying dead. I went towards him and saw the remains of Thomas Booth. Thomas Laying upon his back, his right arm was off, the flesh of his head and face burnt and his cloaths as far as the waistband of his trousers which he had on as well as his boots by which article and from his form I clearly identified him he had been in my service upwards of fours years. I searched the bush and at a distance of about one hundred yards further from the hut I came on some ground newly burnt and found this body of William Arnold he was laying on his back the flesh of his head and face were burnt as well as his cloaths nearly down to his arms there were there were five sticks pointed at both ends called waddies by the Natives laying close to his head. There was a large stone laying close to Booth on which there was blood and hair nee? Can? Don’t? find his arm I caused him to be covered.

over with green boughs and returned home. The bodies were in a putrid state I sent to Mr Mulgrave the coroner that evening who informed me that he had recommended a jury to hold an inquest at Mr Hales? Farm on Macquarie River on Thursday morning and that he could not be at Clarendon before Friday, as it was impossible to remove the bodies he? Requested Mr Barclay, Dr Cameron and Mr William Bryan? To accompany me to the place where the bodies were on Wednesday with some servants. We found Booth in the same place were I had seen him the day before the boughs had been dragged off Arnold apparently by some wild animal and his body torn after both bodies had been examined we caused them to be buried and read the funeral service over the graves on this day we found 2 more waddies laying in different directions near Arnold there were two kangaroo dogs near the hut on Tuesday which had belonged to the deceased one of them we caused to be shot the other also was fired at but escaped the hut is some miles from Clarendon

James Cox JP

The examination of Thomas Morey? (Massey?) Being duly sworn saith I am overseer to Mr James Cox at Clarendon. I was at a Hut on Mill’s Plains on Tuesday morning the fifteenth instant. Thomas Booth my master’s assigned servant and William Arnold Mr Barclay’s servant were in charge of the Hut and some little belongings of Mr Cox and Mr Barclay they had near a weeks provisions (which they generally fetched from my master’s on every Saturday) there was a fowling piece in the Hut, two kangaroo dogs and three small curs. I left the hut about nine o’clock that morning they

they did not come for their provisions the following Saturday, and on Monday the 21^st instant my Master sent me to the Hut with their Provisions. The Hut was burnt down, the walls were standing, one iron pot half full of water was in the fire place, another in the middle of the floor and two frying pans, a cross cut saw was in a corner of the Hut, bent double apparently by heat, a wooden bucket was outside the door, there were no prints of footsteps near the Hut nor any apparent remains of beading? Nor of the fowling piece amongst the ashes. I went to Captain Barclay’s sheep yard about five miles from the hut to enquire for the men they had not been there I reported to my master what I had seen he sent me the next morning to the hut accompanied by Gareth? Dobson and Samuel James, the hut was in the same state as on Monday. Samuel James found the body of Thomas Booth about one hundred yards from the Hut he was lying partly on his back and side his face and head was much burnt his body was scorched and his cloaths burnt off him to the waistband of his trousers his right arm was off, there were two kangaroo dogs one near the hut and one near Thomas Booth I shot one by my master’s orders the one was fired at but got away about one hundred yards from the body of Thomas Booth I saw the body of William Arnold lying on his back the flesh was burnt off his head and face hiss body scorched and his cloaths burnt nearly to his knees there were six pointed sticks called waddies lying near him my master ordered to bodies to be covered over with boughs and we returned home he sent me that evening to Mr Mulgrave’s farm whom I took a letter back to Clarendon early on Wednesday morn. I went

with my master, Mr Barclay, Dr Cameron, Mr Wm Bryan and some servants to the hut that day Booth was laying in the state we left him in the day before Arnold was in the same place but the boughs had been partly removed and his side torn by some wild animals the bodies were examined by Dr Cameron, Mr Barclay and Mr Bryan buried and the Funeral service read over the Graves – There were four more waddies found near Arnold’s body on Wednesday and a large stone on Tuesday found near Booth there were blood and hair on the stone and one some of the waddies especially on the points of several. The forms of the features of both men remained sufficiently plain on Tuesday to satisfy anyone that they were the remains of Thomas Booth and William Arnold. I also knew Booth’s trousers and half? Saith? Arnold had lost the forefinger of his left hand and wore a gold ring on the little finger of the left hand which remained when his body was found and which I took off. Some of the waddies were found between Booth and some close to the body of Arnold.

Thomas Maxey’s mark X

Taken before me this

25^th of March 1825 at Clarendon

James Cox JP

PW? Mulgrave JP

The examination of Samuel James assigned servant to Mr Barclay who being first duly sworn saith I knew the deceased Thomas Booth and William Arnold I saw them about six weeks ago at Capt Barclay stock yard where I reside, Arnold said that a few days before a party of natives had fallen in with him on Mill’s Plains and taken a black kangaroo dog away from his dog named black boy. I knew the dog well I saw Booth and Arnold a Saturday the twelfth instant and I accompanied Booth from Clarendon as far on my way home as the bridge on the creek Arnold was at the Stock Yard that morning grinding wheat. This place is about four miles from the Hut at Mills Plains I saw nothing of them after till last Tuesday morning the twenty second inst I accompanied Mr Cox, Thos Maxey and Joseph Dobson to the hut where Booth and Arnold lived about 100 yards from the hut I saw a white kangaroo dog Mr Cox desired us to try and catch it and I went towards it and saw The body of Thomas Booth lying dead A few yards form the dog, one of his arms was off, his face head and body much destroyed by fire and vermin his cloaths were burnt of him to his waist, there was a large stone near his covered with hair and blood we searched the bush. Mr Cox called to us I went to him and saw the body of William Arnold about one hundred yards from where Booth lay, Arnold’s face head and body was burnt and scorched his cloaths were burnt off the front of his body as low as his knees, there were five waddies seen near him this day one I picked up a little distance from the body pieces of burnt sticks were lying round his head the grass and brush was burnt some little distance around him, Both bodies were covered over with green boughs the gut was burnt down there were no traces of footsteps near it, I saw the kangaroo dog named black boy which Arnold told me had been taken from him by the natives lying near the hut, Thomas Maxey

shot this dog. Joseph Dobson fired at the white kangaroo dog but he got away I then went home to the stock yard the next morning I went to this hut, Mr Cox, Mr Barclay, Dr Cameron and Mr Bryan came there also Maxey and Dobson the bodies were examined and buried, Arnold had lost the forefinger of his left hand and wore a ring on the little finger of the same hand. Thomas Maxey took it off on Wednesday – some time after Arnold told me about the natives taking his dog he informed me that he and Booth had chased a party of the natives to recover the dog but did not come up with them I never heard or knew that Arnold or Booth ever fired at the natives. I have lived at the stockyard and the hut at Mill’s Plains at different times for the last four? Years I have seen natives at both places always I ran from them I never had any intercourse with them not do I believe that Booth or Arnold had any. The cattle had frequently been speared at Mill’s Plains Arnold said when they took the black dog from his that one of the Natives called out to him in plain English come here you white bugger I won’t touch you and after called him to stop as he ran away.

Samuel Thomas (James?) MARK X

Sworn before us at Clarendon this 25^th March 1825

James Cox JP

PW Mulgrave JP

The examination of William Booth assigned servant to Mr Barclay who being first duly sworn saith that about five weeks ago the deceased William Arnold and Thomas Booth came to my master’s farm and told me that the natives had taken a dog from Arnold and that a few days afterwards they had pursued the natives to endeavour to recover the dog when one of the natives said you white buggers if we come again we will take you and the dogs too this took place on the hills at the back of Mill’s Plain I do not know if they were armed when they pursued the Natives Arnold told me that six or eight weeks before he lost his dog that he fell in with a black woman on the Hill above the hut and he gave her some food she left the hut again the same day, about three weeks ago Arnold told me that if he came across the Natives again he would have his dog or sooner his life the black dog that I saw laying dead at the hut was the same that Arnold said had been taken by the Natives I was present on that day when two men were buried I knew them to be the remains of Thomas Booth and William Arnold who I knew well.

Edward Booth’s MARK X

Sworn before us at Clarendon this 25^th March 1825

James Cox JP

PW Mulgrave JP

The examination of Donald Cameron ESQ MD who being sworn duly saith I accompanied Mr Cox, Mr Barclay, Mr Bryan and Servants on Wednesday last 23^rd inst to the stock hut of Mr Barclay near Mill’s Plains I observed on

approaching the hut a black kangaroo dog laying dead the hut and fowl house burnt I then examined the body of a man laying dead about one hundred yards from the hut. The frontal and pariatal bones were broken to pieces evidently with a heavy and blunt instrument the right arm was torn from the shoulder the let arm appeared to have been broken or fractured at the wrist the hand was off the head appeared to have been much scorched the body was in a state of rapid decomposition close to the body was a large round stone on which were marks of blood and hair beneath this stone the ground appeared imbedded with the hair and saturated with blood from the state the body was in was impossible to trace any further external marks of violence. Upwards of one hundred yards nearer the creek and among some burnt brush and grass I examined the body of another man on the back I observed two round holes which corresponded exactly with the points of some waddies which were lying near him, he appeared to have received a severe wound or contusion over the let eye I could not trace any fracture of the skull and from the putrid and scorched state of the body it was impossible to make any further examination – a number of waddies were found close to the body and covered with blood and human hair and particularly towards the head the remained of burnt sticks were visible and justifies the supposition that the body was set fire too for the purpose of consuming it.

D Cameron MD

We the undersigned accompanied W Cox, Dr Cameron, and some servants to a hut on Mill’s Plains last Wednesday morning the 23^rd inst and this day heard the examinations of Thomas Maxey (Massey?), Samuel James Edward Booth and Dr Cameron vouching the deaths of William Arnold and Thomas Booth and corroborate their statements as to the appearance of the body which were then buried and the Funeral services read over them by Mr Cox.

Wm Barclay

William Bryan

Sworn before us at Clarendon this 25^th March 1825

James Cox JP

PW Mulgave JP (wobbly hand)

End

back of page:

murder by black natives [in pencil]

Touching? the deaths of Francis Booth and William Arnold

25^th March 1825

shorthand marks Aygl

1^st Augt 1825

The information on oath of Edward Booth a convict who saith being present when I recollect finding William Arnold and Thomas Booth apparently murdered by the natives now? Buried about the middle of March on the farm of Captain Barclay at Mill’s Plains on a Thursday the Monday following I accompanied Mr Cox and others to the said Farm on going through the hills from the Farm we saw the Tracks of the Natives and about 4 o clock that day we saw three natives.

The native man now produced was taken into custody he had a number of Dogs with him tow of them I knew well, one was a bull dog of a yellow colour with a white Face, it belonged to the deceased William Arnold; the other one was a young kangaroo dog the property of Mr Cotterell and used to accompany Booth and Arnold when at the far; the dogs came towards us after we had taken the native man into custody before the Bodies of Arnold and Booth were buried I saw a large stone lying near the head of Booth there was blood and hair upon the stone there were a number of waddies used by the native lying near the Bodies of Booth and Arnold, there was blood and hair upon several of them

Edward HIS Booth

Mark

Sworn before us at Launceston this sixteenth day of July 1825

H Simpson JP?

PW Mulgrave JP

The Information on oath of Samuel James a Convict[i], who saith I recollect finding William Arnold and Thomas Booth dead apparently murdered by the Natives about the middle of March on the farm of Captain Barclay at Mill’s Plains on the Monday following I accompanied Mr Cox and others to the said farm on going through the Hills from the farm we saw the track of the natives and about four o’clock that day we saw three natives the native man now present was taken into custody he had a number of dogs with him, two of them I knew well one was a bull dogs a yellow colour with white face, it belonged to the deceased William Arnold, the other one was a young kangaroo dog the property of Mr Cottrell and used to accompany Booth and Arnold when at the Farm the dogs came towards us after we had taken the native Man into custody I saw the dogs with Arnold four or five days before Arnold was found dead

Samuel James

HIS MARK X

Sworn before me us at Launceston this sixteenth of July 1825

H Simpson JP

PW Mulgrave JP

p10

Mr David Roberts sworn saith I understand the language spoken by the black natives on the eastern coast of Van Diemen’s Land the native Man now present calls himself Temina/Lemina, I saw him on the evening of the day he was confined in the gaol at Launceston. I asked him why he killed the white men he said the white men wanted to get the women away from his Tribe, that he did not kill the white men, that he saw some men of this Tribe spear the white men and that one of the women belonging to his tribe threw a stone upon the head of one of the white men and killed him.

He had this day told me that some of the dogs that were with him when he was taken belonged to the white men show were murdered by his Tribe, he now says that the white men were killed in consequence of a quarrel that had taken place about a Dog, he has told me that he would shew me the Men who killed the white men if I would go into the bush with him by myself

David Roberts (good signature)

Sworn before us at Launceston this sixteenth day of July 1825

H Simpson JP

PW Mulgrave JP

p11

James Parish, free, sworn saith, I understand the language spoken by the black native man now present on my first questioning him about the white men found dead at the time he was taken into custody, he refused to give me any account about them but he now acknowledges that he was present when two white men were killed he first said they were killed by the people of his own tribe, he afterwards told me they were killed by the natives of another Tribe, that after the white men were knocked down the women threw stones upon them, that a quarrel had commenced about a black dog that three of the Dogs were with him when he was taken had belonged to the white men whom he saw killed he says his name is Temina

James Parish (original signature)

Sworn before me at Launceston this sixteenth day of July 1825

H Simpson JP

PW Mulgrave JP

(May 1818 James Parish was in boat with Little Bob, Michael, (John/James Brown, Fox, Moss, Antione) half-caste boy and girl (children of Pleenperrenerrer Mother Brown) when accident off Bird Island in Western Straits only Parish survived from drowning: HTG 6/6/1818, FM 25/12/30, 19/3/1831) SOBS:86, 94 – lots more)

(the next account in the ledger is by Dalrymple Briggs)

p15

To Wit,

The information of Mr William Brumby who being sworn saith, I am a settler and reside on the Lake River, at the back of Norfolk Plains, Doctor Jacob Mountgarrett also resides at a farm on the Lake River; on Saturday afternoon the fifteenth or sixteenth day of last July between five and six o’clock, I was riding along the Road near Dr Mountgarrett’s house I heard the cry of murder, soon afterwards I saw a half caste native girl called Dalrymple, who has lived with Doctor Mountgarrett some years, running from his House towards the Road, I heard the report of a fowling Piece, Musket or Pistol and saw a Man standing at the corner of Doctor Mountgarrett’s House from whence the shot came, he had a blue coat on and a white night cap; I rode up to the Girl, she was crying, I observed one of her legs was bloody, she said I will go to Mr Archer my Master has shot me.

I immediately rode to Doctor Mountgarrett’s House; he was outside the house; and wore a blue coat and a white night cap; he had no gun in his hand; nor did I see a gun of any sort near him, I asked him why he shot the black Girl, he replied why cannot I correct my

p16

black servant without you interfering; after some more conversation he ordered me off the farm, I do not know what became of the coloured Girl.

WM Brumby

Sworn before me at Launceston this fifth day of August 1825

PM Hargrave JP

_________________________________________________________

The information of Mr James Thornloe, who being sworn saith, I am free, and clerk of the Commandant of Port Dalrymple; on Saturday evening the sixteenth day of last July I was riding on the Road near the House of Doctor Jacob Mountgarrett at Norfolk Plains; I heard violent screams issue from his house, and soon afterwards saw a half cast native Girl running from the House toward the Road, at the same time I saw a person in a dark coloured coat and a white night cap at the corner of the house by whom a shot was fired towards the Girl, who was then about thirty yards from the said Person; I rode up to the Girl, she was weeping bitterly, and said he has shot me; I examined one of her legs (I think her left leg) there were two punctures from which blood ran down to her heels, they resembled wounds inflicted by small shots. *[inserted: She complained after I had examined her leg that she was much hurt on the hinder and lower part of her let side, to which she frequently applied her Hand, whilst I spoke with her] She complained after I had examined her leg that she was most hurt on the hinder and lower part of her left side, to which she frequently applied her hand, whilst I spoke with her. Mr William Brumby and Mr James Brumby junior were with me. I rode up to the door of the House,

p17

Doctor Mountgarrett was standing in the Porch, he wore a dark coloured coat and a white night cap, he had something under the upper part of his left arm over which a handkerchief was loosely thrown, and which projected a few inches in front of his Body, and five or six inches behind his Body; I believed it was a Pistol, he came outside of the Porch. I thought he was intoxicated; I told him I was going to leave the neighbourhood and had called to bid him farewell, he said goodnight young gentleman two or three times, Mr William Brumby came up at the moment, and the Doctor returned into his House. I returned to the girl that had been shot, who was coming towards the House, she was still crying weeping bitterly, I looked back and saw Dr Mountgarrett at the corner of his House he came toward me I said “you have shot the girl Doctor, you ought to know better”, he desired that I would not interfere between him and his servant; and requested that I would leave his Farm; the handkerchief and it’s contents was still under his Arm. The two Mr Brumby’s and I rode away. I am not certain but I think the girl was standing about twenty yards from the Doctor when we rode away, she did not say anything to us. I did not examine the girl’s side.

James Thornloe

Sworn before me at Launceston this fifth day of August 1825

PM Hargrave JP

_________________________________________________________

p18

The information of Dalrymple Briggs who being sworn saith I live with Dr Mountgarrett with whom I now reside on the Lake River as long as I can recollect I am above twelve years of age. I am a servant to Dr Mountgarrett.

I recollect that upon a Saturday about three weeks ago I saw two of Mr Brumby’s sons and a Mr Thornloe riding on the road near Dr Mountgarrett’s house. I at the same time saw an opossum upon a tree close to the House, I ran to my Master and told him of it, I went away to another tree about twenty yards from the other former tree, my Master fired at the tree upon which I had told him there was an opossum, five of the shot struck my right leg and foot my leg did not bleed, the shot only just went through the skin they did not hurt me much. I did not cry.

I went into my Masters House neither Mr Thornloe nor either of the Mr Brumby’s spoke to me before I went into my Master’s House. Mr Thornloe did not examine my leg I did not complain of my side being hurt I never told Mr William Brumby that my Master had shot me after I went into the house the two Brumby’s and Mr Thornloe galloped up to the door.

Mr William Brumby and Mr Thornloe told my Master who was at the door that they were come to take a glass of grog with him my Master said that he would not let them into the House at that time of the night, the clock had just struck eight, Mr William Brumby then said he would double my

p12 (with 17 in pencil top right)

Master up and throw him into the river. Mr Thornloe and Mr William Brumby both got off their Horses they both appeared tipsey they both called my Master all they could lay their tongues to they called him audacious names. Mr William Brumby took up a stick and threatened to strike my Master the younger Mr Brumby did not get off his horse or say anything, my Master ordered them off the premises three or four times they said they had as much right on the farm as he had, my Master replied if they did not go away he would get his Brother and his men and start them out of that. Mr Thornloe and Mr William Brumby got upon their horses and with the younger Mr Brumby galloped away. They made a great noise as they rode along the road. I am lame of my left side the lameness was occasioned by a fall more than a year ago, my Master was sitting on a sofa in the house reading when I told him there was an opposum on the tree there was no noise or screaming in the house at the time. No person has ever told me what I was to say regarding this affair I never said that I would go to Mr Archer’s there has not been a Pistol in my Master’s house at the Lake River since I lived there. My Master and Mistress did not quarrel on the before mentioned my Mistress did not go

p13

to the door during the altercation between my Master, Mr Thornloe and Mr Brumby’s, there was no person in the house besides my Master Mistress I and two young children. A black boy found the opossum my master shot before Mr Thornloe and Mr Brumby came up to the house the moon was just rising the opossum was upon the tree a high gum tree when it was shot the opposum was near the top of the tree. The tree I was at when the shot struck me was twenty yards from this tree, my mistress took the shot out of my leg I hardly felt it.

Sworn before us at Launceston

this eighth day of August 1825

** no signature or mark by Dalrymple

H Simpson JP

PA Mulgrave JP

The information of Richard Rowland Priest Esquire being sworn saith. I am colonial surgeon at Launceston. I have this morning examined the legs and side of Dalrymple Briggs there is the scar of an old wound upon the left Hip, there are no remains or vestiges of any wounds on her legs there is the mark of a very small shot on the skin on the sole of her right foot.

RR Priest

Surgeon

Sworn before

p14

us at Launceston this eight day of August 1825

H Simpson JP

PA Mulgrave JP

p15

re Jacob Mountgarrett Shooting Dalrymple Briggs

Dismissed August 8^th 1825

p19

Cornwall

To Wit

Van Diemens Land

The information of Captain John Welsh who being sworn saith I was on board the Duke of York Government Brig last Monday morning the twelfth day of December instant in Kents Bay in Cape Barren when a boat belonging to the Alligator Schooner brought Henry Ashworth, James Fahey, Thomas Martin and John James Moring? On board the said Brig one of these four men stated in the presence of the rest that they with five others purchased a Boat that once belonged to Major Hannover of a man at Hobart Town and absconded from there in September last and Henry Ashworth stated that me privately that they names of the other five men were William Wigdale, William Perring, James Leadenhall alias Joseph John Wallace and Joseph Thompson he said he did not know from whom the boat was purchased but supposed that twenty five pounds was paid for it that John Wallace was the Ringleader that the night after they left Hobart Town they stopped

p20

at Browns River, the next morning landed on Betsy’s Island and staid there a day or two pulled their boat over East Bay Neck and stopped seven or eight days on Scanters? Island on their way from thence they stopped at several other places on the coast of Van Diemen’s Land which he could not particularise that from Swan Island they went to Clarks Island and sailed about the straits for three or four days where they fell in with a man named Joshua Duncan by whose advice they went to Preservation Island where they found the Schooner Governor Brisbane on board of which vessel William Perrings, William Wigdale and Joseph Leadenhall made their escape and that he heard there were several convicts on board the Brisbane that John Wallace and Joseph Thompson were drowned on Saturday morning the twenty ninth day of last November in endeavouring

p21

to cross from Cape barren to Preservation Island on a catamaran that these four men were on Cape Barren about eight weeks and that the Party left Hobart Town on the ninth day of last September on Sunday morning the eleventh instant two muskets and a quadrant were brought on board the Duke of York by a party of soldiers the next day these four men Ashworth, Fahey, Martin and Moring stated to me that they had left two muskets and a quadrant in their hut on Cape Barren all these statements were made voluntarily and without offer or promise of reward

J Welsh

Sworn before me at Launceston this sixteenth day of September 1825

PW Mulgrave JP

p22

[cover envelope – letter – not part of surrounding docs?]

Mr HY? Ashworth

Hobart Town (Red ink seal broken)

Found in James Fahey’s bag 16^th Dec 1825

Coal river 25 July 1825

Dear Friend

Excuse me troubling you respecting the tiller? Belonging to the Pit saw you was so kind as to get me at Atkinsons Stores, I was unable to take it with me when I was in town lately, you forwarding the saw you be/??? Will oblige.

James Fahey

W Gillard (?)

After I left your house I left then with Samuel Knights /Guns the Boat builder. If he will forward them or take ???? care of natives???? For me I shall be glad

p23 + p24

139 Henry Ashworth Clerk in the Engineers Office 5 ft 9 “ brown [hair?] grey [eyes?] 24 Clerk Lancaster? 23 March 1822 Life Caledonia Nom?

Left Hobart Town in September in a small boat and landed on Swan Island and from thence to another island where we was left and met these three men Moring, Martin, Fahey, was taken away by the ALLIGATOR Brig last sunday and was delivered on Board the Duke of York on the next morning –lived on the island eight weeks, saw Duncan in a boat with two white men and a native woman before he was left on the island, does not know where Duncan went to.

268 James Fahey Govt Boats crew HS 5 ft 5 “ brown [hair?] grey [eyes?] 40 seaman London Oct 1823 7 years, Lady Ea? Cork

Left Hobart Town stowed away in a schooner in September and was put on shore on an island in the Straits taken away by the Alligator Brig and put on board the Duke of York, on the island five or six weeks.

378 Thomas Martin Prisoner in the penitentiary at HT when he absconded 5 ft 6 in dark brown light Labourer Middlesex Oct 1821 7 years Sin O ? Chatham

Left Hobart Town in September stowed away in a Brig and put on shore on one of the islands in the Straits taken away by the ALLIGATOR and put on board the Duke of YORK – was two or three months on the island livd on shell fish and mutton birds – swam a small river to join the others.

428 Lw Las Moring? Absconded from the penitentiary 5 ft 8 half inch dark brown l blue 28 shoemaker Kent Dec 1822, Capt H/ Land o?

Left Hobart Town in the month of September stowed away in a Brig whose name he doesn’t know and put upon one of the islands in the Straits from whence he was taken by the ALLIGATOR brig and sent on board the Brig Duke Of York – lived six or seven weeks on the island

Oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo

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Clarendon 22 March 1825

½ past 2 pm

Dear Sir/

I have just returned from Capt Barclays cattle run occupied by his and my young cattle and am very sorry to have to report to you, as coroner that two of the stock keepers are both killed and now laying dead near the remains of the hut which has also been burnt. The name of my servant was Thomas Booth, the name of Capt. Barclay man _________Arnold. The situation of the place is on the Creek Nile at Mills Plains distant from here about 9 miles. The two unfortunate men are not in a state to be

p26

moved their heads having been burnt since mutilated by vermin. Natives waddies are lying by one of the men and have every reason to believe thy have been murdered by the black Natives. Please let Mahey? Have your answer to me tonight that he may return here early tomorrow morning,

J Sherman?

D; Din

James Brumby? or Creely?

James Cox

PA Mulgrave ESQ

Coroner

Le le le

Oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo

p27

	Richard S Colthorn	March 1822	Life	Stealing and killing a weather sheep the property of Thomas Archer esq
914	Isabella Mc Kenna	Sent 1819	7	Stealing 5 pounds in notes the property of Israel Hooper
	Francis King	CF	life	Having in his possession two Gowns the property of Thomas Walsh knowing them to have been stolen
960	Martha Hale	December 1820	7	Privately stealing in the swelling house of W Lette
14	Thomas Grady	1810	7	Stealing a bushel of wheat from the Barn of A? McLeod Esq
110	Edward Knowles	January 1820	7	Robbing Peter Johnson in the street of one iron padlock key of the value of sixpence
124	William Kelly	25 Oct 1820	7	Fraudulently appropriating a quantity of tea and tobacco of the value of forty shillings and upward the property of P McDonald
191	Alexr Morrison	January 1818	7	Being Accessory to Thomas Grady’s stealing a bushel of wheat the property of Major McLeod.

List of prisoners committed for trial now confined in the Gaol at Launceston

p28

no	Name	When tried	sentence	Present charge	remarks
	Thomas Kenton		7	Aiding and abetting Matthew Brady a Bushranger to escape from justice.
	TB Child		7	Uttering a set of bills for 600 pounds sterling purporting to be drawn by Mr Wenyss Esq upon the Commissioners of His Majesty’s Treasury knowing the same to be forged
	William Kelsall	1801	life	Stealing four pounds of flour from the house of Sergeant Kirwin at George Town
292	Thomas Brady		7	Firing a pistol at J Jones and wounding him in the wrist
323	Lancelot Ryan	Aug 1814	7	Maliciously shooting a mare the property of Mr A Charlton
	Patrick Riley			Feloniously receiving and having in his possession a pistol knowing it to be stolen.
232	James Robertson	June 1816	14	Feloniously breaking out of the store of Messrs Chamption and co
481	Thomas Webb	April 1817	7	Having a gown and shift in his possession the property of Winifred McNally knowing he same to be stolen
84	Sarah Smith	February 1818	7	Having a gown and shift in his possession the property of Winifred McNally knowing he same to be stolen
29	Mary Prior	5July 1820	Life	Feloniously entering the dwelling House of Thomas Thomson Esq and stealing there from a keg containing Brandy, 14 bottles of wine, 2 cocoa nuts and also with having the same in her possession knowing them to be stolen
111	William Prior	26 Oct 1819	7	ditto
266	James Hayes	29 April 1820	life	ditto
186	William Blair	April 1818	7	ditto
P29
381	Matthew Cooper	6 Dec 1820	Life	Stealing 4 bushels of wheat from the farm of IW Abraham Walker at the Red Bank
128	Younger Watson	April 1818	7	ditto
314	David McGee	May 1821	life
442	Haughton Hinton	March 1822	Life	Breaking open a chest in the House of Mr Letter and stealing there from Sundry articles of wearing apparel
190	George Lamming	21 May 1821	7	ditto
338	Daniel Cummings	28 June 1820	14	Aiding and abetting Matthew Brady and James McCabe charged with felony.
138	John Croft	Feb 1818	7	Aiding and abetting Matthew Brady and James McCabe charged with felony.
142	Charles McDonald			Stealing a pistol from the person of Joseph L Dobson?
	Temina – a Black Native			Murdering Thomas Booth and William Arnold	Blue crayon X on either side of the copperplate
71	Frederick Barker	1816	life	Aiding and abetting Thomas Lawley a Bushranger and felon in feloniously killing and slaughtering a sheep the property of W Abraham Walker
228	Richard Passmore	Jan 1818	7	ditto
24	George Trowbridge	1813	7	Feloniously carrying away a quantity of wheat in the straw from the stack of Robert Lane at Norfolk Plains
200	John Jones	20 Feb 1822	life	Stealing a watch from the schoolhouse the property of John McMahon
436	Terence McManus	30 Aug 1821	life	Absconding from George Town and Feloniously stealing and carrying away a pair of pistols the property of Government
	Thomas Brannon	March 1795	life	Having in his possession four bags the property of Capt. Barclay knowing them to have been stolen
36	Thomas Pairley			Stealing a fowling piece from James Laverty on the Kings high way
127	William Elliot	10 July 1818	7	Privately stealing in the dwelling house of Thomas Etherington
	James King			Having a quantity of Beef in his possession knowing the same to be stolen
XIII	John Austin		Life	ditto
155	John Monks	1816	7	Violently assaulting Mr Palmer in his dwelling house and stealing five pounds in notes therefrom
181	John Harris	March 1819	14	ditto
78	William Tuffnell	Sept 1816	7	Having carnal knowledge of Eliza Briggs against her will
507	Thomas Bell	May 1821	7	Stealing and killing a wether sheep the property of Thomas Archer esq.	p30

Cornwall

Van Diemen’s Land

To wit

The information of George Pyle who being sworn saith I am a cooper employed in the Government Store in Launceston yesterday morning I saw a number of Native Black people at the back of the hill behind Government House one of the Black Woman was thrown down by a white man there were several other white men near who held the Black Woman down whilst the white man first mentioned laid upon her his trousers or breeches were unbuttoned I do not know his name a Black Native Man took up a stick with an apparent situation of rescuing the Black Woman one of the white men then took up a stick and the black man ran away at some distance form this place I saw four or five Black Native Women lying upon the ground and white men lying upon them where were two or three soldiers near these last mentioned people they did not interfere with them in my presence I do not know any of the parties who appeared to have this intimate connection with the Black Women.

Sworn before me at Launceston this sixth day of January one thousand eight hundred and twenty five

George Pyle (he signed)

PA Mulgrave JP

p31

The information of Alexander Cumberbeach Who being sworn saith the day the native black people were last in Launceston I saw some of them at the back of the hill behind Government House I saw two white men having sexual intercourse with two of the black women I do not know whither by force or otherwise. I saw no violence used there were a number of black men sitting on the ground about one hundred yards from these two black women there were women with the black men also sitting down there were twelve or fourteen white men on different parts of the hill and three soldiers on the top of the hill but except the two white men first mentioned I saw no one interfere with the Black Women I took the Black Woman from under those two men the women ran to their companions I remained there till the whole of the Black People disappeared in the direction of Paterson’s Plains except the two men who returned towards the Town.

p32

I did not see any of the Black people beaten or otherwise ill used than I have already stated

Alexander Cumberbeach

HIS MARK X

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

PA Mulgrave JP

p33 Feb 1826 in pencil

The information of Thomas Tucker a seaman who being sworn saith in the month of September 1824 I was employed sealing in Basses Straits on the evening of the seventh of that month I landed from a Boat at a place called Ringarooma about eighteen miles to the southward of Waterhouse Island and about twenty leagues from the Heads at Port Dalrymple, in company with Duncan Mc Millan/the owner of the boat/Samuel Stewart, John Cliffs, William Saunders, a native woman who had been three years living with Mc Millan, and her child about fifteen months old, Stewart, Cliff, Saunders, McMillan and the native woman went into the Bush to hunt Kangaroo, I remained in a thicket near the boat with the child. I had a musket with me and two or three charges of ammunition. McMillan had a fowling piece and a little shot and powder with him, the rest of his companions were unarmed. About eight o clock the next morning I heard a shout and thought Mc Millan and his Party were returning from

p34

hunting, I went upon the beach towards the boat and saw a mob of black natives consisting of seventy or eighty in number about 10 or 15 yards off on the Beach, they were armed with spears and waddies, they were men and boys, they commenced by throwing stones at me they came between the water and the Boat which had been hauled above high water mark, I ran towards my tent which was in the thicket aforementioned they surrounded me and lighted several fires round the thicket, I took my musket in one hand and the child in the other and ran towards the beach, the natives at first gave way, I placed the child in the Boat and endeavoured to launch the boat as spears passed close to my Head went through one side of the boat and stick into the other side, I could not launch the boat, I walked slowly towards a hill about a quarter of a mile off with my musket in my hands the natives followed me keeping a considerable distance off, so soon as I had got at the top of the hill the natives advanced closer upon from different directions and threw several spears at me, I Kept them off by frequently presenting my musket as them and running towards them when they always retreated, I was afraid to fire at them because I

p35

had only one charge of powder, the rest I had spilt out of my pocket when I first went up the hill, after I had been upon the hill about 4 hours a girl apparently about sixteen years of age came to the foot of the hill and told me in her own language not to kill her, I told her I would not, she came towards me, I asked her where the woman was who had landed from the Boat, she pointed her out sitting upon the grass close to a man who appeared to be the chief of the Mob he was playing with the child which I had put in the boat, I told the girl to tell the McMillan’s woman to come to me she did so, and immediately after I saw the Man who was near her strike her upon the Head with a stick, she then came to me accompanied by two other women I asked her whence my shipmates were, she first said they were killed, but afterwards said they were gone to Port Dalrymple, I asked her what the black fellows were going to do with me, she said I must go to the Boat, I did so accompanied by the three women and the girl, several spears were thrown at me on my way. I ordered these women to assist me to launch the boat , they laid hold of the Boat and shoved her the contrary way to which I directed them at length I desired them to place the boat’s head contrary to my wishes and by that means got the boat launched when the

p36

boat was nearly afloat they all seized hold of me and my musket, I told them I was not afraid and that I would shoot them all. Three of them let go of their hold but Mc Millan’s woman still kept hold of my musket and dextrously opened the pan and blew out the priming. I wrenched the musket from her grasp she ran into the water my oars and one of my sails were lying upon the beach, I threw them into the boat and put to sea and arrived at Preservation Island about ten o’clock that night, the next day the wind was too strong to pull a boat to Ringarooma but the day after I landed there with three other white men we found the clothes and other articles which I had left in the thicket had been burnt, one iron pot a frying pan and two water kegs were still there, the next day another Boat landed there with four men and a native woman, five men and native woman and I proceeded into the interior about seven miles, but could see no trace of my lost ship mates, the black woman said the natives had gone towards the eastwards too far for us to proceed after them, we returned to our Boats and crossed over to Preservation island. When McMillan landed with his woman they appeared quite friendly, he was a quiet man and had treated his woman with kindness.

Sworn TW Tucker (his signature)

Sworn before me at Launceston this thirteenth day of February 1826 PA Mulgrave

Death of Duncan McMillan, Samuel Stewart, John Cliffs, William Saunders

Tucker says this occurred in Sept 1824 – but doesn’t give deposition until Feb 1826.

See HTG 10/12/1824 – nb: dashing child’s brains out isn’t above….

See: FM 5/8/1830, 4/4/1831,

Fm 15/10/1830, 16/8/1831– re: 1827 revenge attack at Eddystone Point by Tucker, John Riddle (Long Jack)?, Sydney, Jack Williams, and? – when he killed Murray and Jack (Aborigines)

p37

Flood later killed by the blacks at Lake Dunn? in pencil (who wrote this? Plomley or Ryan?)

May 1827

The information on oath of Thomas Cooper free who deposeth and saith this week I lived in the Hut with Luke Flood near the Western Lagoon I received a summons on Monday or Tuesday last to attend the Police Office in Launceston at ten o’clock this day to answer to the complaint of Mr Joseph Archer and I know at the same time that a similar summons was left in the Hut for the said Luke Flood who yesterday morning said he would not come to the Police Office

Thomas Cooper

HIS MARK X

Sworn before me at Launceston this second day of May 1827

PW Mulgrave

p38

Van Diemen’s Land

To Wit

The information and complaint of Mr Joseph Archer of Pansanger, District of Bathurst in Van Diemens Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemens Land and its dependencies this twenty fourth day of many 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 19^th day of January last I entered into a written agreement with two men named John Flood and William Davis to cut me Ten thousand feet of timber, of such sizes as I might direct for which they were to be paid by me at the rate of eleven shillings per hundred feet of regular sawyers measurement, and were to draw from me all the provisions they required,/ at the rate specified in our agreement/ until ten thousand fee were cut or as much more as OI might require – I have received from them to this day three thousand seven hundred and twenty five feet, amounting to twenty pounds, nine shillings and nine pence and they have received from me in cash and provisons &c upwards of thirty pounds – The day before yesterday namely the 22^nd of May instant John Flood and a man named Thomas Cooper whom Flood has employed to saw with him

p39

instead of Davis, came to my house and said they wanted to settle with me, I asked them for their account and Flood replied he had brought no account, but had cut the ten thousand feet and would not work any more unless he had a settlement – They then went away – yesterday morning I sent, at Flood’s desire, two teams to cart home some Timber which was laying at the sawpit belonging to me, and in the evening the men, with the Teams namely Thos Hudson and James Williams, returned without any timber, stating to me that Flood and Cooper prevented their bringing the timber which was cut, thus putting me to the unnecessary expense and great inconvenience of sending two men with Teams fourteen miles for nothing – I drew the logs to the put from which the timber now cut, was sawed –when these men Flood and Cooper pressed for a settlement without producing an amount, I offered them money on account if they would give a receipt for it and go back to their work – but this they refused to do in presence of my overseer William Bronwick? – and as I am convinced that these men are determined to defrauds me and evade their agreement, may that they may be summoned to answer to my

p40

complaint, the further dealt with according to Law

Before me

Tho Archer JP

Joseph Archer

p41

Launceston Nov 17^th 1830

Sir

Having given an order to the Watch House keeper to receive this afternoon three female prisoners who are here for assignment from Hobart Town to make room temporary in the Gaol for some female Black aborigines sent here this afternoon from Norfolk Plains, the Watch house keeper to my very utter astonishment refuses to receive them saying he was desired by you not to receive any sent by my order, I request to know whether you have given him any such orders

I have the honour to be

Sir Your Obedient Servant

EA Abbott JP

Gaol Commandant

W/ Lyttleton Esq JP:

p42

9^th July 1828

Cornwall VDL

An inquisition indented Taken at Launceston the twenty ninth day of July in the eight year of the reign of the 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 William Foster a convict then and there lying dead upon the oaths of Messieurs Thomas Scott, James Houghton, James Yates, Nathaniel Lucas, Richard White, Joseph Dale/Dell JNR, John Dale/Dell senior, Thomas Prosser, John Knight, Samuel Fentrick?, John Reid, and Henry Hinksman?,

Good and lawful men of Launceston in the said county who being sworn and charged to enquire on the pact of our said Lord the King when where how and after what manner the said William Foster came to his death so say upon their oaths that William Foster was found dead on a place about half a mile from the House of Captain Coulson on the River Tamar with four mortal wounds in his chest on the afternoon of Sunday last and that these wounds were inflicted by spears such as used by the Black Native people and the Jurors aforesaid so further day that the said William Foster was feloniously killed and murdered by one or more the Black Native people to the Jurors Unknown on

p43

Wednesday the 23 rd instant , at the place aforesaid and in manner aforesaid that is to say by having been feloniously stabbed with some sharp pointed instrument by some personals aforesaid which stabbing or wounding caused immediate death.

In witnesses, where of as well the aforesaid coroner as the Jurors aforesaid have to their inquisitions set their hand and seals the day and year first within be written

Thos Scott

James Houghton

John Knight

James Yates

Thomas Prosser (very shaky)

Nathaniel Lucas

PW Mulgrave (very shaky)

R White

A childs????

Joseph Dell?

Samuel Feurtrill?

John Dell

HH Milmmm??

[also little squares of paper c.8 x 11 mm next to each name – under which might be blood?]

p44 + p45

COPY of above document

p46

Third doc version….

9^th July 1828

Cornwall VDL

An inquisition indented? Taken at Launceston the twenty ninth day of July in the eight year of the reign of the 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 William Foster a convict then and there lying dead upon the oaths of Messieurs Thomas Scott, James Houghton, James Yates, Nathaniel Lucas, Richard White, Joseph Dale/Dell JNR, John Dale/Dell senior, Thomas Prosser, John Knight, Samuel Fentrick?, John Reid, and Henry Hinksman?,

Good and lawful men of Launceston aforesaid who being sworn and charged to enquire on the part of our said Lord the King when where how and after what manner the said William Foster came to his death proceeded to view the body.

The information on oath of W George Coulson who desposeth and saith the deceased William Foster was a Government Man in my service I last saw him alive between ten and eleven o clock on the morning of Wednesday the 23^rd instant I saw nothing more of him until the afternoon of Sunday the 27^th instant, I then discovered his body several hundred yards

p47

behind my house he was laying upon his breast upon the ground near a tree on the rise of a hill there was a large wound on the left side on the breast which appeared to have been made by some sharp pointed instrument I did no examine the body minutely the face appeared to have been very much bruised there was a spear like those used by the black native people laying close to the body and another about ten yards from it he was dead and quite cold his cap was laying between him and the tree one shoe off the other on and his clothes not much torn there were a number of the Black Native people near my House on last Wednesday in the direction of the place where his body was laying I never knew that he had any differences with any person he as a very quiet man it was his Duty on the afternoon of that day to attend my Bullocks which were grazing he had no arms with him the body was in the same state when I found it as it was when viewed by the inquest this morning

George Coulson

p48

The information on oath Thomas Belfield a prisoner in the public work. I last saw William Foster alive whose body has been viewed by the inquest on last Wednesday about one o clock in a Hut on Captain Coulson’s farm he went away to graze some Bullock’s behind the House upon some rising ground sooner after he was gone it was reported the black natives people were in the neighbourhood the next day search was made round the neighbourhood nothing was heard of him and I next saw his body brought to the ??boat?? which was laying close to Captain Coulsons farm, the body was then in the same state as now I helped to convey the body to Launceston and from the wharf to the hospital. I never had any quarrel with Foster he had no arms with him when he left the Hut

Thos Belfield

The information on oath of John Hoe a prisoners of the Crown in the service of Government I last saw William Foster alive on Wednesday morning last in the Hut on Captain Coulson’s farm I was assisting in searching for him on Thursday Friday Saturday and Sunday about two or three o clock when I was upon the side of a stile at the back of W Coulson’s House I had two dogs with one which saw before

p49

me some distance as if upon the scent then stopped near a tree which had been partly burnt down where I saw some boughs laying over a hole which I removed and perceived the body of William Foster laying in the hole upon his face I saw a wound in his sides which appeared to have been made by a spear he was quite dead. I called Captain Coulson to my assistance and I then saw several spear wounds in his breast I did not examine those wounds minutely. I assisted in conveying the body to a Boat near Captain Coulson House he was a very quick man I never heard of his quarrelling with any person there were two spears found near the body Like those used by the black natives people there were a great number of thick pieces of sticks on and near the body I did not see any waddies, or large stones, near it on Thursday morning we heard the footsteps of a number of naked persons near the creek a short distance from where the body was found and apparently as if coming form? It? There were the traces of some? Thirty or forty persons which we followed about a mile and then lost the track

the mark of John Hoe +

p50

The information ooath of Robert Wainwright? Owen esquire Surgeon who saith I have examined the body of William Foster and found several wounds thereon the said wounds appeared to have been inflicted by spears such as are used by the black native people a wound on the left hip was superficial and a piece of a spear remaining in the sounds there was also a wound on the left shoulder and four others on the chest which were deep and extended into the subtaer of the Lungs they were eight inches keep about half an inch diameter the first rib on the left side was fractured as well as the lower jaw the countenance was much disfigured any one of the four wounds in the chest would have caused immediate death

Mr Rt Owene

Alds Surgeon

In pencil – Inquest William Foster murdered by blacks 23 rd July 1828

p51

24 November 1828

Cornwall

Van Diemens Land

An inquisition Indented taken at Launceston in the County of Cornwall this Twenty Seventh day of November in the Eighth year of the Reign of our Sovereign Lord King George the Fourth before one Peter Archer Mulgrave Esq Coroner of our Lord the King for the County aforesaid upon the view of the Body of Robert Willowise Labourer then and there lying dead upon the oath of messieurs Alexander Stewart, James Haughton, Henry Reed, Thomas Underwood, William Henry Evans, Newman Williatt, Theophilus Feuttrill, Thomas Prosser, Alexander Drummond, Joseph William Bell, Robert Stonehouse, and John Dell, good and lawful men of Launceston aforesaid who being sworn and charged to enquire on the past of our said Lord the King when where how and after than what manner the said Robert Willowise came to his death do say upon their oath that some black native persons to the jurors unknown not having the fear of god before his or her eyes but being moved and reduced by the instigation of the Devil on the twenty fourth day of November in the eight year of the Reign aforesaid on the morning of the said day with foresaid arms at a place about five miles from Launceston on the left Bank of the River Tamar in the Country of aforesaid in and upon the aforesaid Robert Willowise then and there being in the Peace of God and of the said Lord the King feloniously voluntarily and of his or her malice forethought made an assault and that the

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The aforesaid Unknown person with a certain spear made of wood of the value of one penny which the said unknown person then and there held in his or her right hand the aforesaid Robert Willowise in and upon the left side of the said Robert Willowise between the fourth and fifth rib then and there violently and of his or her malice forethought struck and pierced and gave to the said Robert Willowise there with the spear aforesaid in and upon the aforesaid left side of the said Robert Willowise one mortal wound of the diameter of quarter of an inch and of the depth four inches of which said mortal wound the aforesaid Robert Willowise then and there instantly died and so the said unknown person there and there feloniously killed and murdered the said Robert Willowise against the peace of our said Lord the King his Crown and Dignity and the Said jurors upon their oath aforesaid further

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Further say that they verily believe the Felony and murder of aforesaid was committed by one of the black native people and that certain other of the black native people also to the jurors unknown were then and there comforting abetting and aiding the aforesaid unknown Person to do and commit the Felony and Murder aforesaid against the peace of our said Lord the King his Crown and Dignity.

In witness where of as well the aforesaid coroner as the jurors aforesaid have to their inquisition set their Hands and Seals the day and year and at the place first within written

PA Mulgrave (very very shaky writing)

A Stewart

Thomas Underwood

James Houghton

A Drummond

Henry Reed (fancy signature)

Thomas Prosser (shaky signature)

Herman Williat

JW Bell

M F Evans

Theophilus Feutrill

Robert Stonehouse (shaky)

John Dell (shaky)

All signatures have a little square 1 x 1 cm of paper next to their name with sealing wax? Under it – oath?

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Cornwall

Van Diemens Land

The information on oath of Thomas Landale Esquire Physician who deposeth and saith I have examined the Body of William Willwise there is a wound on the left side between the fourth and fifth rib which appears to have been made by a sharp pointed instrument. I should suppose from its appearance by a spear like what are used by the black native people the wound is about a quarter of an inch diameter and the weapon penetrated four inches into the cavity of the chest and would have caused instant death there were three

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Three small wounds on the belly and two on the Back which appeared to have been created by a similar weapon the intaguments? Of the back part of the Head were very much bruised and lacerated but the skull not fractured.

Tho Landale (signed)

The information on oath of John Minian who deposeth and saith the Body was that of Robert Willowise her was a labourer in the service of Mr Archibald Thomson last Saturday morning between ten and eleven o’clock I was at the back of my master’s farm on the left Bank of the Tamar about five miles from Launceston splitting timber with Thomas Hall when Robert Willowise came there with a sledge drawn by six bullocks and took away a load of posts and went on the Road towards my master’s House about two hours afterwards Hall and I were splitting a piece of Timber there was a musket lying behind us on the But of a Tree about nine feet from us and another musket lying by the side of us when I saw a glimpse of something behind me turned round and perceived the musket had been taken

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Taken off the Butt of the tree and an Black Man about ten yards from me with a musket in his right hand and two spears and a waddie in his left hand he was going from me with the muzzle of the piece pointed towards me there were four other black native men about thirty yards from me with spears lifted up in their hands and pointed toward Hall and I. I heard a number of voices around us I took up the other muskets and pointed it at thee Black Man who had taken up the musket I called our to him he ran away behind the other four men and I then perceived first or sixty of the black native people who had nearly surrounded Hall and I wer got through a vacancy in the circle formed by the natives and ran towards my master’s house I did not see any spears thrown at us I did not fire at the Natives Thomas Stephenson was at the house who went with me along the cart track leading from the house to the place where we were splitting we found the sledge about a mile form where we were splitting the sledge was turned round as if going towards where we had been splitting the bullocks were standing on the side of the track the sledge was in the Track and about five yards from the heads of the Bullocks there were the prints of

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Of naked human feet in the Track as if Persons had stood in a circle we then went to the place where I and Hall had been splitting and found that a Hut in which we had lived had been plundered or four Blankets a Flock? Bed and canister containing half a pound of gunpowder and five or six pounds of Buckshot tied up in a Rug a sawset? Some Files a Flint and Steel Tinder box a Damper some Sugar and Tea two ounces of Tobacco some Tin Pots we saw the print of a naked man’s foot in the ashes near a fireplace outside the Hut. Stephenson and I returned to my Master’s Hut House with the sledge and Bullocks Hall and I went with Constable Joseph Gray and several other prisoners on Sunday morning on the Track towards the Hut hill we came to the place where we found the Sledge overnight we then spread out to seek for the man who we supposed were killed after we had searched for him about two Hours Edward Williams, Mr Fields overseer sung out here the poor fellow is we went up to Williams and saw Willowise lying upon his face behind a black log on the side of a Hill there were a pair of leather trousers a Flushing waistcoat with Sleeves and a

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A pair a half Boots on the body his straw hat was lying by the side of his Body much stained with Blood on the inner side of the rim and the crown broken the Body was then in the state it now is his head was bloody and appeared t be much beaten . I found these two pieces of spears about five yards behind the Body and this piece of wood stained with Blood close to the spears the Grass between the place where we found the spears and where the body lay was bent down and the Grass mean thew spears was covered with Blood. Hall and I removed the Body to the Bank of the Tamar and put it in a Boat. Hall had charge of the Body, I never heard that Willowisehad any differences with any person. The place where we found the Body was about a mile from the sledge in the direct track from the sledge to my Master’s House and about a quarter of a mile form the House I never before saw any of the native people in the neighborhood I never knew or heard that they had been ill used there My Gun was not primed when the natives attacked us and I had no ammunition with me One of the prints of the feet which we saw near the sledge was near an inch longer than any of the rest and broader there were two prints of this large foot some distance from each other the print of the footstep in the fireplace near

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Near the Hut was a very small one I do not know that Mr Willowise had any property nor any clothes beside those he wore except two spare shirts

His

John X William

Mark

The information on oath of W Archibald Thomson who deposeth and Saith I do not know that Robert Willowise who was in my service as a free labourer had any property he always appeared on good terms with his fellow servants he was a very quiet man

Arch Thomson

The information on oath of Thomas Hall who deposeth and saith I am an assigned servant to Mr Archibald Thomson on last Saturday morning about ten o’ clock I was about a mile and a quarter from my master’s house splitting timber with John Mission? When Robert Willowise came there with a sledge and six bullocks and took away a load of Posts with which he went towards my master’s House about an hour and a half or two hours after he was gone I was splitting Timber with Mission there was a Musket in the But of a tree behind us and another musket by the side of us when John Mission took up the Musket that

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That was by the side of us and shouted I looked up and saw a Black man going from us with a musket in one hand and two spears and a waddie in the other ten or twenty yards farther away there were four or five Black men standing with spears lifted up and pointed towards us the man who was taking away the musket cried out when Mission shouted I do not know what he said he went to the other black men there appeared to be twenty or thirty other black men right round about us Mission and I ran away with nearest way to Mr Thomson’s House and about half a mile on the Cart track from the place we were splitting and the rest of the way across the Bush we saw nothing of Willowsie the sledge or the Black native people on our way to the House Thomas Stephenson was there he went our with John Mission towards our Hut where we were splitting and returned in about two Hours with the sledge and Bullocks the sledge appeared in the same state as when it left our Hut X

We found it on the road about half a mile from Mr Thomsons House the Bullocks were turned towards our Hut the Sledge was in the middle of the track the Bullocks on one side of it.

I saw nothing of Willowise that night I went in search of Willowsie that night I went in search of the Black native People that night with Edward Woodward and several other persons and saw two of the Black native people about five miles from my masters House at the Big Hill farther Northward than my Master’s House they were about

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About three hundred yards from us one of them had something in his hand that looked like a musket I have seen none of the Black Natives since when Mission and I left our Hut on Saturday night there were three or four blankets, two beds, a canister of gunpowder, four pounds of buckshot, a file, some sugar, tin tobacco, two tin forks and several other articles in the Hut and a Damper in a fireplace outside of the Hut also a cross cut saw where we were at work a hundred yards from the Hut I went to the Hut with John Minion? On Sunday morning and found that all the things I have mentioned had been taken away except one of the beds and the cross cut saw belongs to Mr Thomson as well as the musket and ammunition that was taken away one of the Blankets was mind the rest and the Bed that was taken near the Hut and Mission did not mention to me that he had seen over there were two axes lying by the saw we took them with the saw to Mr Thomson’s house then went with one of Mr Fields men Edward Williams John Misian and several other Persons in search of Robert Willowise along the cart track leading to an Hut and at the place where the sledge was

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Was found upon Saturday night – we departed and went into the Bush about twenty yards apart and after searching for two or three hours I heard Edward Williams say here he is I went to Williams and saw Robert Willowsie lying upon his face by the side on an old fallen tree on the side of a Hill his hat was lying beside him we did not strip the body it was cold there were several spear wounds on the side and Belly and Head the Hat was bloody inside and the Crown of it broken I saw two pieces of broken spears in some persons hand when I got up I do not know in whose I conveyed the Body that day to the Hospital of Launceston the Body appears to be now in the same state as when I first saw it near the tree this spot was in a direct line from where saw the sledge on Saturday night to my Master’s House when Misian and I ran from the Hut to my masters house on Saturday we were not within a Hundred Yards or where we found the sledge Minian did not fire at the Black native People on Saturday he had no priming in his piece not any ammunition except what

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was in the hut I saw the Prints of some naked feet near the sledge on Saturday they were Human feet one much larger than the rest it was both longer and broader I did not observe any person measure it I never saw any of the Black Native People in the neighborhood before I never heard of any of them being ill use there Willowise was a very quiet man I do not know that he ever quarrelled with any person or that any person owed him money

His

Thomas X Hall

Mark

The Jury Expressing themselves satisfied with this testimony no further witnesses called

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then – COPY OF EARLIER DOCUMENT

Cornwall

Van Diemens Land

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person then and there held in his or her right hand the aforesaid Robert Willowise in and upon the left side of the said Robert Willowise between the fourth and fifth rib then and there violently and of his or her malice forethought struck and pierced and gave to the said Robert Willowise there with the spear aforesaid in and upon the aforesaid left side of the said Robert Willowise one mortal wound of the diameter of quarter of an inch and of the depth four inches of which said mortal wound the aforesaid Robert Willowise then and there instantly died and so the said unknown person there and there feloniously killed and murdered the said Robert Willowise against the peace of our said Lord the King his Crown and Dignity and the Said jurors upon their oath aforesaid further say that they verily believe the Felony and murder of aforesaid was committed by one of the black native people and that certain other of the black native people also to the jurors unknown were then and there comforting abetting and aiding the aforesaid unknown Person to do and commit the Felony and Murder aforesaid against the peace of our

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said Lord the King his Crown and Dignity.

In witness where of as well the aforesaid coroner as the jurors aforesaid have to their inquisition set their Hands and Seals the day and year and at the place first within written

PA Mulgrave (very shaky writing)

A Stewart

Thomas Underwood

James Houghton

A Drummond

Henry Reed (fancy signature)

Thomas Prosser (shaky signature)

Herman Williat

JW Bell

M Evans

Theophilus Feutrill

Robert Stonehouse (shaky)

John Dell (shaky)

24 November 1828 Inquest on Body of Robert Willowise Murdered by the Blacks near Launceston

All signatures have a little square 1 x 1 cm of paper next to their name with sealing wax? Under it – oath?

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[back page of above report)

pencil

24^th November 1828

Inquest on Body of Robert Millowise

Murdered by the Blacks near Launceston

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Sept 1830 in pencil

County of Cornwall

Island of Van Diemen Land

To Wit

An inquisition indented and taken for our sovereign Lord the King at Launceston in the said island this fifteenth day of September in the eleventh year of the reign of our Sovereign Lord George the Fourth by the Grace of God of the United Kingdom of Great Britain and Island King, defender of the Faith before Williams Lyttleton Esquire one of the Coroners of our Lord the King for the said land on view of the body of George Appleyard then and there lying dead upon the oaths of Messieurs Thomas Prosser James Seagraves, John Allen, Charles Roberts, James Haughton, Terence Rowe, James Yates, John Banford?, Hendry Readding, William Parsons, Daniel Neil and William Joynes/Byens/Byrnes? Good and lawful men of the said land duly chosen and who being then and there duly sworn and charged to enquire for our said Lord the King how and after what manner the said George Appleyard came to his death, do upon their oaths say that the said George Appleyard

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Was about 3 o ‘clock on Thurson? Lanes the ninth instant on the east bank of the River Tamar violently assaulted and beaten by a party of the black native people from whom he received one mortal wound on the fore part of his head of which wound he languishing by lived until Sunday the twelfth of Sept instant when he died and so the Jurors aforesaid do say that the said George Appleyard was at the time and place aforesaid wilfully, feloniously and of malice aforethought murdered by one or more of the black native people to the jurors unknown

In witnesses whereof as well the said Coroner as the Jurors aforesaid have to this inquisition set their hands and seals on the day and year and at the place above mentioned

Signed

Thomas Prosser

James Houghton

William Lynes

John Allen

James Legraves

Henry Redding???

W Lyttleton

Wm Parsons

James Yates

Terans Rae?

Daniel o ‘Neal X

John Banford/Barfoot/Barefoot X[ii]

Charles Roberts

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John Breeman? Sworn saith the deceased George Appleyard was employed with me and another man called Frederick on Thursday last the ninth instant and about three o’clock on that afternoon we were about thirty yards from a Hut on the east bank of the Tamar cutting wood Appleyard was at the Hut cooking when I hear him call out I turned my head Frederick said there is the blacks and I saw several of the Black Natives people around us I saw one of them with a spear we had no arms with us they were in the Hut just as I ran to the Hut I picked up a stick and throwed it at a native who was storn? Against the Hut door it struck him he cried and twelve of his companions came from behind the Hut they had spear I don’t think they hove any at us Fred and I ran from the Hut towards the Sawyers Hut about two miles off

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And returned with others towards our hut and saw George Appleyard lying by the River side about fifty yards from the Hut he was kneeling down on his head leaning upon his hands on the Ground he said in a faint voice is that you Freeman His head was much bruised the fore parts there were several stones near him, we took the pan ran in a boat and took him to Launceston to the Hospital I went to the Hut before I went to Launceston and found it had been robbed of two Guns some blankets and other property one of the blacks held a waddie at me as I ran from them as Frederick picked up others one of the sawyers found George Appleyard by the River Tamar near at hand and he called out

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Here he is and I went up to Appleyard it was quite impossible for any one of the men who left the Sawyer’s hut with me to have beaten Appleyard without my knowledge as we came to Launceston he said the black had beaten him when he called away I thought if not? To give the alarm that the? Blacks were at home?

HIS

John Freeman

Mark

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small page insert

Lan Hospital Launceston

13^th September 1830

George Appleyard (Free) died yesterday at 40 minutes past 2 o clock PM

RM Ayton

Overseer

M Lyttleton

P Magistrate

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back of above page

blue crayon BLACKS

pencil: 15^th Sept. 1830

Inquest on the body of George Appleyard murdered by the Black

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September 1831in pencil

small intro page

Inquest on the bodies of W? BB Thomas and Mr W? James Parker

Treacherously murdered by three aborigines

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Sept 1831 in pencil

County of Cornwall

Island of Van Diemens Land

To Wit

An inquisition indented taken for our sovereign Lord the King at Launceston in the said land on Monday the nineteenth day of September in the second year of the reign of our sovereign Lord William the Fourth by the Grace of God of the United Kingdom of great Britain and Ireland King Defender of the faith before William Lyttleton Esquire one of the coroners of our said Lord the King for the said Land in view of the bodies of Bartholemew Boyle Thomas and James Parker then and there lying dead upon the oaths of Thomas Ritchie, Ronald William Gunn, Thomas Wilson, James Robertson, Henry Dowling, Samuel Westbrook?, Henry Ellis Robson, Adam Burridge?, Isaac Sherwin?, John Cameron, Jojhn Kyle, and Alsworth Hols Good and lawful men of the said Land duly chosen and who being then and there

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There duly sworn and charged to inquest for our said Lord the King, how and after what manner the said Bartholemew Boyle Thompson and James Parker came to their deaths, do upon their rather say that the said Bartholemew Boyle Thomas and James Parker have been treacherously murdered by the these black Native men, now in custody called “Wowse” “Mackame” and “Calamarowenye” aided and assisted by the residue of the tribe to which they belong, known by the name of the big river tribe, during the most friendly intercourse, and whilst savouring to carry into effect the conciliatory measures recommended by Government. In witness where as will the said? Coroner as the jurors aforesaid have to this inquisition get their hands and seals in he day and year and at this placeabove? inquisition

[nb: All Signed by the same hand]…

Thomas Ritchie

A/H Burridge

Ronald L Gunn

Henry Dowling

James Robertson

J Cameron?

Lyttleton, coroner

Thomas Willson

Samuel Westbrook

HE Robson

John Kyle

Isaac Sherwin

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COPY

George Warren

The examination of George Warren who being sworn deposeth and saith., I am a prisoner of the Crown, and a constable At George Town on Sunday morning last the sixteenth? Instant I left George Town accompanied by two native women to search for the bodies of Mr Bartholemew Boyle Thomas and Mr James Parker. I arrived at Port Sorell on Monday morning the twelfth of September I met Doctor Smith and Ensign Dunbar and told them that I had come in search of the bodies of Mr Thomas and Mr Parker and that one of the native women had told a man named Alexander Mc Kay where the bodies lay. we proceeded into the bush with the two native women and the man named McKay when we had gone about two miles, the women stopped and began to cry pointing to where we found the body of Mr Parker which was lying with his head towards the stump of a tree; he had no hat, neckcloth coat or waistcoat on and there appeared to be a wound on the back part

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Part of his head I found some spears lying near; I counted ten? Spear wounds in his body. I found a spear lying about ten yards from the body: The women cry’d during this time I asked them to shew where the other body lay, they pointed towards a place about an hundred yads from where Mr Parker lay, they would not go themselves; I went and found Mr Thomas’ body lying in some long grass, it was lying on the back, I observed a spear wound through his chest; I counted twelve wounds which appeared to have been inflicted by native spears, I observed these/three? spear wounds in his right thigh; two of these in the right side, and one in the back – there was a considerable quantity of blood about the body from the appearance of the bodies I concluded they had been lying there about a fortnight parts of Mr Thomas neck destroyed by vermin I observed several worms in the eyes I found several notes lying by side of his pocket: – I found this pises [sic] of paper with? The bodies and returned to Port Sorrell the

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Native women appeared very sulky. Told Dr Smith that I had found the bodies of Mr Thomas and Mr Parker; he went back with me to the spot where the bodies lay. I told him that we had not touched the bodies; the native women told me that Mr Parker and Mr Thomas had come with two native men to her tribe In the Bush, about a mile from where he bodies lay. She told me that the stout man, meaning Mr Parker, Was carrying his gun under his arm accompanied by the other man meaning Mr Thomas when one of her tribe snatched the Gun from Mr Parker and ran away with it. That Mr Thomas ran away; she said that one of the native men then speared Mr Parker in the back she said the natives men ran after Mr Thomas and overtook and knocked him down and speared him this conversation was interpreted by a native woman would has been civilised when we went to the bodies of Mr Smith desired me

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to open their shirts to look at them we covered the bodies up and the next morning a cart was sent and brought them to Port Sorrell and they were taken from there to George Town in a boat. The native woman said that a man name “Tum” speared Mr Parker he is in the Gaol at George Town, and that he helped to kill them both, before we found the bodies the native woman described to us the exact position in which they lay. I found this piece of shirt cloth lying about twenty yards from Mr Thomas’ body. It appeared to be torn from the coat which he had on.

Signed George Hassan

his X mark

Sworn before me this fifteenth of Sept 1831

Signed

W Lyttleton

coroner

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Thomas Carter 31^st August

The examination of Thomas Carter ; who being sworn deposeth and saith. I am an assigned servant to Captain Thomas on Wednesday fortnight I went to Port Sorrell with Captain Thomas he then left us and went to a place called North Down Brush? I remained with three others in charge of the boat. On Thursday morning Mr Thomas returned with Mr Parker/his overseer/ they were both on horseback. Mr Thomas rode up to the Boat and asked me if I had seen the natives. I told him that I had, that I had got two in the bush. Before Captain Thomas came between tent and eleven o clock I was standing by the hut baking some damper I saw two native men coming towards the hut. As soon as they saw me they cried out “Breadly” I cut some bread off and gave them, they came into the hut and I gave them some tea. About half an hour after this Captain Thomas came accompanied by M Parker. Captain Thomas then asked me

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if I had seen the natives , I told him I had got two in the tent, he then got off his horse and came into the hut, and asked the native if there were any more of them. They held up both their hands and said there were a great many more, he asked them if they would show him where they were, they signify??? first that they would, he was then going away with them, but Mr Parker told him that he had better not go by himself. Mr Thomas said “Oh yes” that he would go by himself. Mr parker then followed him, carrying his gun under his arm. Mr Thomas had no arms, about two hours after the two native men returned without Captain Thomas and Mr Parker. A Man named McKay went up to them and shook hands with them, and two women who returned with them, and we gave them some tobacco and flour shortly after another woman came, up to a cart which were taking to North Down beach we

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we drove on the sand and returned the natives after us. Before we left the place where Captain Thomas went after the natives we cooeyed for him several times, but heard no answer, and we concluded that they had lost themselves; after the last woman came up to the cart another native man came and we r????? him on; about a quarter of the mile before we came to North Down Beach one of the natives got away from us, the rest went with us to North Down Beach/ My late masters farm/ We then aksed them, for the first time what they had done with the two white men, they said that they “tableteed”/ ran away/ from them. The next morning Mrs Parker wife to the late Mr Parker, sent out a party in search of Captain Thomas and her husband, the party, after being about two days and a night returned without having heard any thing, when we left the boat we took Mr Thomas’ and Mr Parkers’ wives? home? It was on Sunday that I went to Port Sorrell with Capt Thomas and it was on Wednesday fortnight that Mr Thomas went after the natives.

Signed Thomas Carter

His X Mark

sworn before me this 25^th Sept 1831

Signed W Lyttleton

coroner

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Surgeon John Smith

The examination of Doctor John Smith who being sworn deposeth and saith – I am assistant colonial surgeon at George Town. Last Sunday the eighteenth instant W Charles Freestone, chief constable at George Town, returned from Port Sorrell where he had been in search of Captn Thomas and W Parker who were missing and supposed to have been murdered by the natives. I was requested to go to port Sorrell to see Mrs parker wife of Wm Parker who was missing. I left George Town on Friday morning the ninth instant accompanied by Ensign Dundas we arrived at Port Sorrell about two o clock pm. We there found Mr Jocelyn Thomas jnr and Capt Moriarty on the beach. They told us that they had not succeeded in finding Mr Thomas and Mr Parker they said that they were waiting for a man named Alexander McKay and a native

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woman who were expected from Westbury. We proceeded to Captn. Thomas farm at North Down Beach on the next morning, Saturday, Mc Kay and the native woman arrived we then all proceeded top Port Sorrell in track of Mr Thomas and Mr Parker we could not find them we returned to North Down Beach, with the exception of McKay and the native woman who went to George Town to fetch another native woman from George Town. I remained at Port Sorrell until Monday morning when a short was fired from the opposite side of the first western river a boat was sent, and brought back Constable Wassen?, Alexander McKay and two native women. McKay told me that one of the native women had told him where the bodies of Captain Thomas and Mr Parker were. I told him he had better go with the women he went accompanied by Wassen and the two native women he returned in about one hour and told me he had seen the bodies. I went back with them

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as also a man named Jones, we went about a mile or a mile and a quarter from the creek at Port Sorrell in the direction of North Down Beach but to the left of the road, the spot where we found the bodies was about four miles from North Down Beach. The two native women went direst to a body which I immediately recognised as that of Mr Parker, he was lying on his back with a hat or coat. I found on the breast five or six spear wounds, one was on the left side within two inches of the heart. I am of opinion that any one of these wounds would have caused death. I had the body turned over and examined his back. I observed six spear wounds in the back and an extensive fracture on the right side of the head, apparently from the blow of a stick. The woman went about fifty or sixty yards to the westward of where Mr parker lay, we there found another body which I recognised as that of Captain Thomas I told

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the man to take off his shirt and examined the body. I found one spear wound very near the heart, and three others on the right side, one of which had apparently bled profusely as the shirt on the right side was covered with blood. I found another spear wound under the clavacle, I had the body turned over and found five spear wounds which had penetrated very deep into the chest and the back. The upper part of the rest? of the body was eaten away by ?sithersa? crows or cats. Shortly after I left North Down Beach in search of the bodies I was visited? by a party of soldiers and a Constable who were present when I examined the bodies; as it was too late to remove the bodies I directed the men to cover then with boughs to prevent the crows doing them any more injury. I sent a party to North Down Beach to get two Coffins; I returned to Port Sorrell and

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the following morning the man according to my directions brought the bodies to the boat at Port Sorrell. I had them bought to George Town, and from there to Launceston, I was present when they Jury went to view the bodies this morning, they use the same? that I found at Port Sorrell

Signed John Smith

Sworn before me this 15^th Sept 1831

Signed WM Lyttleton

Coroner

The further examination of Thomas Carter who on his oath deposeth and saith two of the native men now produced called “Wowee” and “Calarmarowenye” were the men who came to the tent and went away with Captain Thomas and Mr Parker the day that they went into the Bush and never returned?

Signed Thomas Carter his X mark

Sworn before me this nineteenth day of Sept 1831 Lyttleton

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Alexander McKay

The examination of Alexander MacKay who on his oath deposeth and saith as follows: On Saturday week the tenth of September I left Port Sorrell by order of ? Jocelyn Thomas Junior and Captain Moriarty for George Town to request of some natives who were in jail what they had done with Mr Thomas and Mr parker. I heard from these women that their husbands killed two white men, whose bodies would be found near Port Sorrell, they told us that one of their bodies was partly under a tree and the other was a little farther off. I let George Town on Sunday and got to Port Sorrell on Monday morning, and went into the bush in search of the bodies of Capt Thomas and Mr Parker. A black native woman name “Sall” and another native woman whose name I do not know but knows her personally together with a constable from George Town accompanied me and we proceeded about two miles in the bush, in the direction in which the women directed, we found the body of a man

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lying near the stump of a tree, he was lying partly on his back, a little on his side he had no hat, coat or waistcoat on. I saw a wound near the throat, I did not examine the body further. I preceeded about a hundred yards farther in the direction pointed out by the native woman, I have alluded to, and found another body lying on its back. I picked up part of a native spear near the body, which was broken. I did not examine the body. I afterwards found another spear lying near the body, which I was told was Captain Thomas. I then returned to Doctor Smith, at Port Sorrell and went back with him to the bodies, which he examined. On the road in sesarch of the bodies the native woman beforementioned discussed to me the situation in which the bodies lay. She told us that two native men went down to the boat at Port Sorrell that the two men that were killed returned into the bush with them, where they were joined by the rest of their tribe. She said one of the men had a Double Barrelled Gun

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she said it was a “louend” a gun that would shoot huist?? , that one of the native men named “Wowee: seized the gun by the lock and twisted him round – that at the same time another man struck him with a waddie on the head, that he fell, and then the smallest of the white men run off, that some of the natives pursued him, while the others killed the man who was knocked down. The natives who pursued this man that fled, speared him as he run, she said that they killed them both that they had plenty of spears, and ran them into their bodies, she said that whilst this transaction was going on the woman attempted to stop it, that the men would not ??? stopt, that they would killed them, that three? of the women in consequence of this left the tribe, and went to the cart, accompanied by four native men – that these four native men

p93 [p16 on top left of page]

were concerned in the murders and that they threw some of the spears. She told me that the man who first struck the man carrying the gun; had gone in the Bush. She said that one of the men who went to the cart left, first making an appointment with the others where they could meet them to make their escape, she said that they had been afterwards secured and went to George Town in a boat. After the bodies were found I left Doctor Smith at Port Sorrell where the bodies were and went to the river Mersey and from there across the Country of Swan Astor?? The situation in which I found the bodies corresponded exactly with the description of their position previously given by the native women, she further told me that

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the man who took the gun from the white man who was killed, threw it into the bushes. Part of the information which I have stated here was interpreted by the native woman “Sall”. She said there were seven men and six women when the murder took place.

Signed Alex McKay

Sworn before me this ninteenth day of September 1831

Signed Lyttleton coroner

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An Aboriginal female

The examination of a native woman called “Nongans Pete”, Alexander McKay being duly sworn as an Interpreter. I was present when two white men were killed. One of the white men had a Gun which he carried under his arm as discussed one of the natives snatched the gun from the white man it was witness? of the native men now present who snatched the gun he is gone into the Bush as also the man who struck the white man on the head. These men now present did not see the murder. The two men now produced named “Wowee” and “Mackame” were the two natives who first brought the white men to the tribe

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they were present when the gun was snatched away from the white man. They were present when the white man secured the first blow on the forehead. They were present when the white man who ran away was speared. While the white men were being speared the men now present sat down on the ground. This waddie is one with which the white men were struck on the head. The two native women present tried to stop the white men being killed the native men who assisted in this murder of the white men were called “Punupuna”, “Israbana”. “Morgusons” and “ounsann”

Sworn before me this nineteeth September 1831

Signed Lyttleton

coroner

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We find that Bartholemew Boyle Thomas and James Parker have been treacherously murdered by the three male natives now in custody aided and assisted by the residue of the tribe to which they belonged known by the name of the Big River Tribe, during the most friendly intercourse whilst endeavouring to carry into effect the conciliatory measures recommended by Government.

Thos Ritchie

A Mannings?

Ronald Gunn

Henry Dowling

James Robertson

? Cameron

Alex Wales

Samuel Westbrook

H Robson

Isaac Sherwin

John Kyles?

Thomas Miller

p98

in pencil

Gregson and Paton to fight a duel

1828

p99

Hobart 11^th Aug 1828

Dear Sir

I trust you will not delay sending me a written statement of the circumstances connected with Mr Gregson action against you:-

It if reported at present that the court will proceed to Launceston in the beginning of September – and the civil will be tried before the criminal cases. This is against us.

Although I have applied repeatedly. I have not received any definite answer as to the intentions of the other party respecting the trial of the case.

I remain

Yours sincerely

Robert Pitcairn

William Paton Esq

Norfolk Plains

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Dennistoun?

28 July 1828

I do hereby declare that on the evening of Friday the 25^th instant Mr Gregson at my most earnest solicitation in the presence of Mrs Gregson agreed to refer the dispute between himself and Dr Paton to our arbitrators and he nominated for his own side James Cox Esq JP and Myself Patrick Wood

Addressed to Dr Paton

Norfolk Plains

[postmarked] Hobart Town

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Hobart

22 August 1828

Dear Sir

In reply to your favour of 18^th inst. it is with much satisfaction that I find you are likely to bring this troublesome matter to a conclusions. But there is one circumstance which makes me extremely uneasy. The case stands for trial on Friday, and Mr Jennings the opposite attorney has received no notice whatever from Mr Gregson that he is to ??dealy??

On the contrary, he had sent his subpower by this post. I however confide so strongly in what you state in your letter that I shall certainly not go to the expense of subpoenaing Messrs Hudspeth Franks – Harrisson &c

But I do trust that there is no mistake.. If we are to go to trial without witnesses, the result of course is likely to be unpleasant – perhaps the best thing you can do, if there should be any doubt is to

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get some one to communicate with Mr Gregson and let him send forthwith to Mr Jennings desire him to put off the trial. If it be not ???off, you must if possible come to town before Friday that we may if we can get the trial put off.

Yours sincerely

Robert Pitcairn

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Addressed to

William Paton esq

Belmont Cottage

Norfolk Plains

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Hobart

29 April 1828

Dear Sir

After all the case against you is to go to trial. The Attorney General has refused to give up the criminal prosecution against Mr Gregson and he and the Professional gentlemen employed on his behalf are therefore of opinion that the civil action must also be tried: – the witnesses for the plaintiff have almost all come to town and we offered to go to trial to’day but they refused. I think it will be tried at Laucneston on Monday the 22^nd Sept:-

Yours in haste

Robert Pitcairn

To William Paton

Esq

Norfolk Plains

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undated [Dec? 1828?]

In the Supreme Court

Between Thomas George Gregson Plaintiff and

William Paton defendant

Thomas George Gregson of Jericho in Van Diemen’s land Esquire the above named Plaintiff maketh oath and saith that he hath been informed and very believes that the above named Defendant sometime in or about the month of October last spoke and uttered certain and slanderous words of and concerning the Defendant in his character of a Magistrate of the colony to the purport and effect following that is to say “That Mr Gregson had been requested by Mr Gage to attend an investigation respecting the robbery of W Anstey’s sheep of which a Mr Owen of Bagdad was in part accused that W Gregson neglected to attend the two first appointments made by Mr Gage but did attend on a third occasion where a court was held at Ransoms and that during the trial an evident bias in favor of Owen was perceptible on the part of W Gregson – after the proceedings were closed Mr Gregson proposed to have tea and that Mrs Owen should make it for him. Mrs Ransom require to enter the room in which Mrs Owen and Mr Gregson were taking tea but before she entered she looked through the key hole and observed Mr Gregson with his arm round Mrs Owens neck. they were sitting on the sofa a short time afterwards Mr Gregson intimated that as it was a dark night he intended to remain

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at Ransom’s Inn all night upon which Mrs Ransom observed that she had known Mr Gregson ride home in much darker nights. Mr Gregson however was determined to remain and further informed Mrs Ransom it would only be requisite to provide one bed as Mrs Ovens and himself intended to sleep together- Mrs Ransom objected to this arrangement saying that she would not convert her house into a bawdy house and that Mrs Owens should quit the house Mrs Owens did so accordingly upon which Mr Gregson also left the inn and it was supposed had passed the night with Mrs Owens in the Bush. That W Gregson had induced Mrs Owens to quit the country for England in order that Mrs Owens might not be brought against him in evidence. And this deponent further saith that the charges so made against the character of this Deponent as such magistrate as aforesaid are wholly untrue and for which words his action is brought.

Thomas G Gregson [signed}

Sworn by

By the county

M Kennedy

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Gregson c paton

(copy)

Affadavit of TG Gregory

also

affadavit of

JO Gage

C MacNally

A Harrisson

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The supreme court of Van Diemen’s Land

Gregson vs Paton

The King on the Prosecution of Paton for assault against Gregson

The Same for provoking to fight a duel against Same

We the undersigned attornies for the respective two parties above mentioned do hereby respectively agree as follows

That no further proceedings shall be taken in the first mentioned action but that all matters in dispute between the parties therein shall be left to the opinion and judgement of William Effingham Lawrence of Launceston Esquire III and William Prichard Weston of Norfolk Plains Esq who shall duly determine what is fit and proper to be done in the matter and in whose discretion shall be left the question of costs as to whom and ho and in what manner the same /if any/ shall be paid, and also what /if any/ explanation shall be given by the defendant touching the words alledged to have been spoken by hin and that if the said William Effingham Lawrence and William Prichard Weston cannot afree then that they shall be at liberty to appoint one Gentleman to determine concerning the mattes aforesaid whose decision shall be equally binding.

That counsel shall be instructed to move at the next sitting of the criminal court that the above information may be quashed and that no further proceedings shall be taken thereon.

Henry Jennings

Attorney for W Gregson

Robert Pitcairn

Attorney for Dr Paton

Hobart Town

17^th Dec 1828

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[back of above page]

We hereby appoint William Lyttleton of the Lake River Esquire as umpire in the matter within referred

WB Lawrence

W Weston

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[back of page]

Gregson v Paton

Agreement for compromise

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The examination of David gray esq

sworn before PA Mulgrave esq JP 29 Jan 1829

has been sworn before PA Mulgrave Esq this day

Remembers being at Dr Paton’s house on Norfolk Plains about Oct or Nov 1827 when a conversation took place relating to Mr Gregson.

Just before dinner while reading a newspaper Dr parton addressed me. The paper marked B and signed my me at some time in the year 1828 contains a true account of what passed in that conversation and in addition to the particulars contained in that paper I remember that Dr Paton said that it had come to the Governments ears, and that he was Determined to enquire into ti. The manner in which Dr Patron related the story impressed me with the idea that it was true.

The newspaper alluded to contained an address to the Lt Governor about the liberty of the press. The address was signed by several persons amongst whom was some magistrates to whose names a star was affixed. Dr Paton said some of those dotted gentlemen will be struck off

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or may look out or something of that kind. I do not exactly recollect and then proceeded to sat, have you heard the news about Gregson?

By struck off, I mean struck off the list of Magistrates, and from Dr Paton’s immediate mention of Mr Gregson, I took him to be the person alluded to.

I did not understand from what Dr Paton said, that Mr Greson was to be struck off the list of Magistrates for having signed the address, but in consequence of the act imputed in the story told me by Dr Paton.

He did not name any person as author of the story.

The report did decidedly injure Mr Gregson in my estimation as a Magistrate.

I mentioned the story to Mr Joseph Archer knowing that Mr Archer entertained a particular friendship with Mr Gregson and conceiving that such friendship was misplaced.

I did not consider the communication of the story by Dr Paton confidential because there was a third person present, and nothing was said to signify that it was intended to be confidential.

Mr Rowcroft was the third person present. I did not know Mr Gregson at the time

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I was not so particularly acquainted with Dr Paton as that he should tell me a confidential story without stating that it was to be so considered.

I had now wish to cause breach between Dr Paton and Mr Gregson at this time I mentioned the story to Mr Jos Archers and I had no animosity towards D Paton.

I am perfectly sure that Dr Paton said that there was an evident bias on the part of Mac Gregor in favour of Owen upon the trial or enquiry before the magistrates.

I am sure Dr Paton said that when Mrs Owen had been turned out of Ransom’s Inn, Mr Gregson left eh house with her, and was supposed to have spent the night with her in the Bush.

When it was said by Dr Paton that Mr Gregson was induced Mrs Owen to leave the country in order that Mrs Owen might not be brought against him in evidence, I understand it to refer to an enquiry into the matter by the Government

David Grey [signature]

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[back of page]

Deposition of David Grey

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The examination of Joseph Archer esq sworn before PA Mulgrave Esq 29 Sept 1829

Has been sworn before PA Mulgrave Esq

I was present upon the occasion of the dispute between Messrs Gregson and Paton which has been the cause of the actions between them. On our way to Launceston through Norfolk Plains we called on W Lyttleton and there met Dr Paton. The paper which I never hend? in is a selection of what took place, but after Dr Paton had stated that he had the story from authority. Dr Paton then said as it is a question of character and character is it etc I have no hesitation in saying that W Hardwicke told it me on the high way. Mr Gregson then said and upon such authority you have declared? to attempt to take away my character and to wound the feelings of another individual. He added you are a foul columnicating scoundrel and a liar and immediately he lifted a small stick towards & c. Paton decried that he would consider that he should be at my house for three days. Then Dr Paton

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as Mr Gregson was going away, struck him two or three times with a horsewhip across the neck. I then affected a ????? between the parties. Dr Paton proposed firstly cuffs and for the remainder of the affray I beg to refer to the papers I have handed in.

Having been sworn before Wm Macguire?

I make this statement as the truth

Joseph Archer

Mr Gregson decided that would would not go near Dr Paton’s on the day of which the offences took place, and the meeting I swear was purely accidental.

My Gray in stating the story to me said he was sorry to have heard from Dr Paton such an account about Mr Gregson and added that Dr Paton said the Governor was going to take serious notice of it. He gave one no particular caution about a?????ing with Mr Gregson. Mr Gray stated the story as if he believed it to be true.

The above is true

J Archer

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[B] in brackets in ink

Mr David Gray, states that about ??? of November last he called at Dr Paton’s house ….following conversation took place. Mr Gray “what is it?” DP “a fine story about Gregson Dr P then proceeded to state, as follows, very short, Mr Gregson has? summons? requested by Mrs ???? to attend an investigation into the robbery of Mr Anstey’s sheep, of which was ????? at Bagdad was in part ?????? – that in person neglected to attend the two first appointments moved by ? Gage, but did attend on the third occasion, when Court was at Mrs Ransom’s and that during the final ??? evidence ???? in farm of Owen was perceptibly? on the part of Gregson. After the proceedings were closed Mr Gregson proposed to have tea and that Mrs Owen should make it for him Mrs Ransom required to enter the room in which Mrs Owen to be Gregson were taking tea but before she entered she look’s thru’ the keyhole and observed Mr G with his arm around Mrs Owens neck, they were sitting

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on the sofa, a short time afterwards Mr G intimated that as it was a dark night he intended to remain at Ransom’s Inn all night, upon which Mrs R observed that he had

knowingly? rode home in much darker nights, Mr G however was determined to remain, and for then? informed Mrs R it would only be required to provide one bed, as Mrs Owen and he intended to sleep together – Mrs R to this arrangement remarking, that she would not convert her house into a Bawdy House and insisted that Mrs Owen should quit her house. Inst and accordingly, upon which Mr G also left the Inn, and it was supposed he had passed the night with Mrs Owen in the Bush. Paton farther stated that Mr Gregson had induced Mrs Owens to quit the country for England in order that Mrs Owens might not be brought against him in evidence.

From Dr Paton’s manner inferring ????the statement

In the Supreme Court

Van Diemen’s Land

Gregson vs Paton

The King on the Prosecution of Paton for assault against Gregson

The Same for provoking to fight a duel against Same

David W Gray – William Archer – Joseph Archer to be sworn to give evidence before the arbitrators to whom the above case are referred.

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[back of previous page]

These are to certify that William Archer and Dd Gray Esq have been sworn to give evidence in the cases stated on the reverse, also Joseph Archer Esqs.

PA Mulgrave (very shaky writing)

29 Jan 1829

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on mentioning it to Mr Joseph Archer in matter of fact

the foregoing statement is what I made to Mr Joseph Archer and afterwards to Mr Gregson and it is true

David Gray

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[back of page]

Gregson vs Paton ] instruction

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Woolmers ? 10 Nov 28

Dear Sir/

If you feel disposed to settler the matter of dispute between yourself and Mr Gregson by a reference to two individuals and drop all further proceeding at law I am authorised by Mr Gregson to act in his behalf

I am ????? will Oblige

Your obed Servt

James Cox

To Dr Paton

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Joseph Archer states

Mr David Grey was at my house sometime in the latter end of the year 1827. He related to me what he has since stated in writing respecting the communication made to him by Dr Paton affecting Mr Gregson’s character.

Mr Gray mentioned the matter to me as a fact and in such a way that is excited in my mind a vast deal of mischief, and I mentioned to Mr Gray a desire to be allowed to communicate the substance of what he had told me to Mr Gregson, to which he readily acceded, adding that he thought it but fair that Mr Gregson should be made acquainted with a report so much to his prejudice. In consequence I wrote to Mr Gregson expressing a wish to see him, but without saying for what purpose. Mr Gregson came to my house in utter ignorance, as far as I know, of the circumstances and under I believe an impression that I wanted to see him about an unsettled amount between him and the house of Champion and co, concerning which, I had more than once written

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to Mr Gregson. I related to Mr Gregson what I had heard to his prejudice and Mr Gray met Mr Gregson at my house and confirmed what I had stated. Mr Gregson said that he should require an explanation of Dr paton and would request me to wait upon him.

The arrangement was made for seeing Dr Paton. Mr Gregson informed me that he had received a letter from Butler the Solicitor about his aut? with Champion &c and purposed to go to Launceston with him to see Champion and hastion? and get the matter settled. He went to town by the way of Norfolk Plains and called at Lyttleton’s to see a picture.

We met Dr Paton there – the meeting was altogether accidental I shook hands with Dr Paton. there was no recognition of Mr Gregson. Dr Paton was about to ride away when Mr Gregson said “I would speak with you Sir”. The parties walked from M Lyttletons house about one hundred Yards, and

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I accompanied them, to instep? and explanation and not an act of violence. Mr Gregson told Dr Paton what Mr Grey had said. Dr Paton positively denied ever having stated that, which was attributed to him by Mr grey, but after a good deal of hesitation admitted that he had and said as it was a questions in which character was at stake he felt no hesitation in saying he had it from “authority”! his manner when he said “from authority” led me to believe that he wished Mr Gregson to infer the meaning of that word as he used it to be the same as it is generally understood to imply in this Colony Mr Gregson committed no act to induce the brutal attack of Dr Paton. it was ferocious and decidedly malicious. He proposed fisticuffs. Mr Gregson declined and offered him satisfaction returning to some distance. Mr Paton broke form me. I was holding him and if Mr Gregson had not warded off his blows he (Paton would have beaten him to the ground. Paton’s continued saying if you are for fisticuffs I will give you enough of them. Mr Gregson said with indignation fisticuffs

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you cowardly scoundrel, I will give you the satisfaction of a gentleman which you are not. The blows on Paton’s face were inflicted by Gregson’s hand – heused only one hand, and had a glove asugling? in the other. Towards the conclusion of this fray Mr Gregson was stooping down to pick up a glove and Dr Paton took that opportunity to attack him and struck him very violently on the back and shoulders with his riding whip. Dr Paton said that he would kick Gregson and attempted to do so very unfairly I thought with a new to do Mr Gregson a mortal injury. I never use pistols, I never carry them. Mr Gregson never mentioned either pistol or pistols. I prevented Mr Gregson going to Mr Smith to complain of the assault and Battery committed by Dr Paton. Dr Paton offered no apology nor did he say “I am sorry unintentionally to have originated a report in which I did not believe, I repreat it as a joke and am ready to state so & to make any amends in my power” On the contrary he seemed determined to have it out, My father refused to shake hands with Mr Gregson in my home and told me that it was in consequence of what Dr Paton had told him…

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[jan 1829 in pencil]

The solicitors of the undersigned having on our behalf and with our sanction entered into an agreement / having their signatures and dated 17 Dec last/ for a reference of all matters in dispute between us, to Mr Lawrence and Mr Weston with power to those gentlemen to name an umpire. We have thought it proper to confirm the show arrangement by the following explication declarations under our own hands in order that no misunderstanding as to our intentions may here after arise upon the subject.

The whole matter in dispute between us, in the civil action and criminal proceedings, is referred to the opinion and judgement of Messres Lawrence and Weston who have full power to decide what shall be done by one or either of us the on to the other.

If they cannot agree, the whole matter then is to go before W Lyttleton as the Umpire appointed by them, with the

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like power.

The said arbitrators or Umpires as the case may be/ have power to award what explanation /if any/ shall be given by one or both of us the one to the other, in respect of the matter so referred, on any part of that matter.

The said arbitrators or Umpires as the case may be have power also to award as to costs, and to whom and how the same (if any/shall be paid. We declare and engage that the award of the said arbitrations or umprie 9as the case may be) shall be binding and conclusion upon us. and we pledge ourselves fully and in all respects to perform it

witness

Henry Jennings Thos GW Gregson Jan 6 1828

witness

Alfred Stephen William Paton

jan 6^th 1829

Copy – correct verification

W Weston

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The examination of William Archer esq

after being sworn before PA Mulgrave Esq

29 Jan 1829

Has been sworn before PA Mulgrave Esq

About the latter end of the year 1827 I heard Dr Paton relate at the house of Mr Thomas Archer something to the following affect that Mr Gregson had been discovered my Mrs Ransom or somebody who had told her of it, I am uncertain which, taking great liberties with the person of Mrs Owen and that Mrs Ransom had turned them both out of doors telling them that she would not have her house made a bawdy house by them. To confirm the impression of Mr Gregson’s partiality for Mrs Owen, Dr Paton related a story about some sheep which Owen was suspected of being improperly possessed of. He said that Mr Gregson had appointed to be present on the bench to investigate the matter and that he did not appear at the time that he had appointed.

Dr Paton related the story as a thing he had beard and I believe he mentioned this name of the party from whom he had heard it, I do not remember.

Dr Paton appeared to believe the story and I believed it to be true.

It was a matter made up in my mind immediately that I would never have anything to say to Mr Gregson again, until the matter was cleared up. I concluded that some investigation must necessarily taken place. I met Mr Gregson once or twice afterwards and declined intercourse with him. Till then I have never passed through Jericho without calling on Mr Gregson, afterwards I did not.

This story was related by Dr Paton, before any meeting had taken place between Mr Gregson and Dr Paton relative to the propagation of a similar report.

I know that the story related by Dr Paton produced a very strong affect on the minds of Mr Thomas Archer and Mr W archer to the prejudice of Mr Gregson

W Archer

I further state that Dr paton did not relate the story about Mr Gregson as a joke. He appeared to believe it and well all believed it.

W Archer.

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copy

house name unreadable andmore?

20 April 1829

Gent

Having been furnished with the uniload? doument? relative to the case of arbitration Gregson & Paton whichever? it appears the arbitration have come to the determination of calling on me for my opinion as their umpire. I request that the subject of reference may be submitted by the arbitrator’s in writing in order that I may if necessary be enabled to furnish my opinion in the same favor.

I have the honour to be

& c &c

WE Lawrence

JP L Lyttleton

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Mr Peter Harrison states – about eighteen months ago I remember to have accompanied Mr Gregson to Green Ponds to Ransom’s Inn. Mr Gage was there and he and Mr Gregson heard a charge which was preferred by Owen’s servant of Bagdad against McMahon for selling spirits by retail. The case was heard in the left had room as you enter Ransom’s House and occupied the greater part of the day. There were several persons present on the occasion. After the business of the day was over, dinner was served up in the same room, and I sat down to dinner with Mr Gregson, Mr Gage, Mr Whitefield and Mr Espie. After dinner and during the greater part of the evening I was in the room on the right in which was Mrs Owen and several other persons. There are only two sitting rooms in Ransom’s House, in one, or other of these I constantly was, but the greater part of the time I was in the room upon the right and Mr Gregson was in the room upon the left. Both rooms were publick persons constantly going out and in of both. Mr Gregson and Mr gage came into the room on the right and remained for a short time. Mr Gage and Mrs Owen had some high words about some magisterial matter, and I recollect Mrs Owen’s telling him that, he did not understand his duty that he could do nothing without the Book the dispute excited a good deal of merriment and

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I remember Mr Gregson’s laughing and going away to the other room. Mr Gregson and I had arranged to ride home together, which we did. I rode from Ransom’s door to within a few hundred yards of Mr Gregson’s house with him. I saw Mrs Owen leave Ransom’s in a cart. To my certain knowledge she was not turned out of Ransom’s Inn – she could not be alone in either of the rooms with Mr Gregson – nor did she go into the Bush with him – The whole story about Mr Gregson and Mrs Owen is false/best of my knowledge, believe, I heard it long long ago as a joke, I mentioned it as such to Mr Gregson who laughed heartily and this is all I know about he matter.

Jericho

13 April 1828

Peter Harrison (signed)

Sworn before me at Jericho this 20^th of April 1829

R orm? JP

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with reference to the existing difference between Dr Paton and Mr Gregson and the causes and circumstances from which it arose I have been requested to speak as to my impression of the manner and seeing intent with which the story to Mr Gregson’s prejudice was at the time narrated by Dr Paton without hesitation therefore my most decided impression is that the narration proceeded from an incident purely casual and accidentak, and was detailed simply as a Report of the day, and without intentional malice towards Mr Gregson.

I would observe that had the story been told, in any other manner than as a Report, I should not have forgotten the particular circumstances which caused its detail

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Nor have allowed the particulars of the story itself to have escaped my memory. it was in December 1827. Mr David Grey was present.

Horace Rowcroft

The above sworn, by way of affadavit, before me this 18 April 1828

Josiah Spode JP

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The Beach

Dear Sir

Enclosed I s??? you the statement made to Mr Grey of a conversation that took place between him and Dr Paton as you wish me to state what I remember of the circumstances alluded to – some time since I met you at Mrs Ransom’s where we held a court and tried some case for illegally ????? spirits the case mentioned in the statement of Mr Anstey’s sheep took place at my office at the ??? Beach at which no other magistrate was present. After the ???? of the day was over I dined in company with you and usual others – I remained there that night and remember your leaving Ransom’s with Mr Harrison about 11 o clock. Mrs Owen was there but I am certain she did not take tea with you, or could you have been in her company in the room alluded to, it being the one which we held the court and in which we afterwards dined.

I cannot speak as to any conversation that

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took place between yourself and Mrs Ransom – but as to the other particulars detailed in Dr paton’s statement I have no hesitation in stating it false in every particular

I am dear sir

your servt?

John Oxley? Gage(signed)

TG Gregson Esq (signed)

I John Oxley Gage do wear that this the statement here before made is correct

Old? Beach

John Oxley? Gage(signed)

Sworn before me

this 28^th day of August 1829

Thos Lascelles PM

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Dear Sir

Agreeable to your wish I have made another statement before Mr Anstey for you, which I hope after you have made the use of it you wish that you will take care it does not get into Mr Gregson’s possession for him to hand about as he has done the one he wrote out for me to sign, in doing what I have I think I have done no more thanb my duty between man to man a line from you when the discion is giving will much oblige,

Dr Sir

Your m O

W Harrison

Jericho’Aug 29 / 29

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I remember being in company with Mr David Grey sometime in the month of March last and upon remarking to him that it was a sad thing he should have caused Dr Paton so much trouble by repeating to Mr Joseph Archer what had been said by Dr Paton at his house relative to Mr Gregson he replied “it was” and that he never thought it would go any farther – that he took it merely as the news of the day, that he never said or did anything in the colony he had regretted so much, he disclaimed – having any notion whatever for telling it never thought it would go any further or cause any disturbance or have any effect upon any of the partys in any way whatever he merely told it as a joke.

to the above words or words to that effect I am willing if called upon to make affidavit

Norfolk Plains

Henry Clayton

29 August 1829

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Launceston

1^st Sept. 1829

In the month of February 1828 I called at M Lyttleton’s of Norfolk Plains while there I hear W Lyttleton told that some body or other was “there” meaning I suppose outside and coming to the house.

My horse was outside, tied to the paling, and lest he should be disturbed by other horse or horses, I got up and followed M Lyttleton to the door – W Lyttleton had gone out – when I got to where my horse was tied I found Mr Joseph Archer and W Gregson there and W.Lyttleton giving and receiving the usual courtesies between friendly parties when they meet. Mr Joseph Archer and I recognised each other and moving towards his horse while I also advanced to meet him, he shook hands with me. I looked towardsMr Gregson, but I saw at once that there would be no recognition or courtesies between him and me and we did not speak to each other. W Lyttleton asked as all to alk in, but I declined saying “I wish to get home” and I unded my horse and mounting him proceeded towards M Lyttleton’s gate. M Gregson who had by this time dismounted, followed me up closely – and said to me in a sharp way, in a tone augering a disagreeable scene and holding up and moving towards me a stick which he held in his hand “I want to speak with you Sir” or “I have something to say to you Sir” I said “What have you got to day to me?” he said “Come this way and I’II tell you” pointing towards the back of M Lyttleton’s premises. I said “is it reusing? can I not hear what you have got to say here?” he said he “Wished I would go out there” meaning to the outside of a fence to which he pointed X added “You had better dismount, are you afraid?” I said “it was the first time I had been asked such a question”.

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and instantly dismounted and Joseph Archer had now joined M Gregson and had hold of his arms. They continued walking onwards. I recalled? Mr Joseph Archer to be speaking to Mr Gregson in an earnest manner, and M Gregson seemed to put off his Mr Archer’s remarks by ?? motioning his head which is indication of “Oh I know what I’m about” I then asked “Pray how far are you intending going – is this to be a private conversation – you are aware I have got no friend here as a witness”?

Mr Gregson replied “My friend Mr Joseph Archer will be present on my account if he might say “at my request” for I am rather deaf/ and would “I wish to be out of hearing of W Lyttleton’s premises adding “you know Doctor you are rather deaf” He reached the end of the fence reaching what is now Mr Lyttleton’s back gate way, Mr Joseph Archer all the while accompanying and speaking to Mr Gregson – he and Mr Gregson stop’t and said addressing me “I have reason to believe you are a vile calumnicator” :”That is strong language sir” I said “and I expect you will at once explain it” Mr Gregson said “Well sir, I have learnt that you told a gentleman dining at your house a story about me and Mrs Owens to the following effect”, and he them repeated the story which is that charged against me as libellous. When he had done I said “Well, Sir, I did tell such a story at my table, I did it considering it a matter of notoriety. I told it as it was told to me – I have added nothing to it. Mr Gregson said “it was apposs? calumny” I said “Do you apply that observation to me?” he replied “I believed you Sir to have been actuated by the worst of motives” and I said “I do not mean to give you an account sir, or be accountable to you for my motives / or words to this effect/ I

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I told it at my private table and considered I had good authority for the story – Mr Gregson / and also Mr Joseph Archer/ instantly caught at the word authority – and said “what authority?” I remarked my informant did not tell it to me at a private table, or as a servant, but on the public way – he was an authority I supposed would not invent it – Mr Gregson asked again/ and also Joseph Archer by his manner did the same/ who was your authority – under an impression I do not recollect how it arose, that Mr Gregson was desirous of tracing the story to its course, I said Mr Hardwick was my author. Mr Gregson then said, with considerable gesticulation “That’s your authority is it”? or “that fellow’s your authority is he?” and upon such authority as that you want to malign me / or injure me/ I was preparing to rebut this observation as to Mr Hardwicke when W Joseph Archer stepped in between Mr Gregson and me, and MR Gregson made a strike at me with his stick over Mr Jos Archer’s shoulder with these words “you are a vile, cowardly, calumnicator” the stroke of the stick was given before I was aware??? as it was? when I could not see any preparatory movement Mr Joseph Archer being between us and with his back towards me – it hit me on the right cheek – it also touched my hat in its descent – I called it at the Police Office a ‘blow’ – it was more “sharp hit – a smart stroke” Mr Gregson stept back a yard or so and I followed him p, I felt indignant at the blow and the language, and laid my horsewhip as sharply as I could over his shoulders Mr Gregson kept striking at me with his stick – he grasped at my whip and the head of it coming off in my hand he succeeded in wrenching it from me. He continued to hit me with shi stick. I did not ???? but warded off his strokes with my hand. Mr Joseph Archer

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interfered telling Mr Gregson to desist – Mr Gregson did desist – he continued to incense me however by the most virulent language and violent gestures – calling me “low Scotchman” “big Scotchman” and the like – and put his first forwards several times – grinning and saying “if it was not for this gentleman I’d break every bone in your body I said “I did not understand that polite way of settling disputes” “I wish I did and as you’re for fisticuffs I would give you them” Mr Gregson then said repeatedly “Let me at him Archer, let me at him” “He is like all the other Scotch vagabonds” Mr Archer who had been hitherto between us said “whoever strikes first must strike me” and then stept away several yards calling to some one “come here and help me to keep these two gentlemen parted” Mr Gregson at this instant gave me a slap in the mouth with the back of his hand, saying, “resent? that” and retired? in a pugilistic attitude. I let go my horse which I had hitherto held by the bridle, and followed him up, more resolved to avenge the blow, than capable of defending myself from a person I knew to be acquainted with the science of boxing. I made several blows at him – one of them hit him above the left shoulder – he staggered and fell back wards – I stopt, saying, “I will take no advantage of you – and turned about, muttering I believe sir and provd? then you despicaally incation? he was soon close to me, calling outm “But go away let us have another go at it – or another round – you fight be round do you, said I, adding no sir, don’t attempt to

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lift your hand to me or I’II knock you down I want to have nothing more to with you adding ‘if it is any encouragement to you I beg to tell you you are the first person calling himself a Gentleman I ever lifted my hand to sire in my life’ Mr Joseph Archer was then holding my horse and not interfering he now said “Gregson, Gregson, behave yourself – behave like a gentleman’ and turning to me he said “you had better go away” I said “I want not – for I would not give that mans bad tongue the opportunity of saying I took advantage of my horse and ran away’ I was then looking for the head of my whip – Mr J Archer pressed me to go away, when he found I would not he took Mr Gregson’s arm and led by, by snatches, to a little distance – Mr Gregson was using the most abusive language – it was really vile – and exhibiting great gesticulation of hand and body – I stood a few yards from him – Mr Archer was a few years farther off inviting Mr Gregson to go with him. Mr Gregson loitered behind saying with much distortion and dramatic manner of face and attitude ‘get me a pistol Archer and I’II shoot the fellow’ This I considered said for affect or intimidation and I said “ha ha it’s a fine thing to talk or pistols now – its ridiculous to talk of pistols him” Mr Archer now succeeded in getting him away.

I forgot to mention that when Mr Gregson spoke of the story about Mrs Owen and had repeated it – he said “wasn’t that it Archer?” and turning to me “The gentleman who had told him had offered to come over that day and “Swear to it”. I said “there was as aussity? for I did not deny it” Such is what occurs to me at this distant period relative to this disagreeable unfortunate fracas.

W Paton

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Thomas Boye Gregson states – on the 16^th of February last year I left home in consequence of a letter I received from Mr Butler concerning a claim made upon me by the trustees of Champion & co.

I had no object in view of leaving home than to see Champion and Charlton who were both in Launceston.

My account with the House of Champion & co was of long standing, and involved many matters capable of explanation vz Mr Joseph Archer, who, had frequently pressed upon me the receipt of a settlement & from whom I received a letter about the same time I got Mr Butlers, saying that he had ‘cogent reasons for wishing to see me” and as he had frequently urged me to cross the County to arrange my business with Campion & co I thought the letter from which I made the quotation had reference to that subject.

I reached Pansanger on the 17^th Mr Archer was from home I remained at his house and on the 18^th he returned on the evening of the same day he related to me the particulars set forth in Mr Gray’s statement marker B. I merely expressed my indignation at the recital of the atrocious calumny. I made no arrangement for seeing Dr Paton.

On the 19 I mentioned to Mr Archer the circumstance of my having had

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a letter from Mr Butler about Champions account. Mr Archer immediately proposed riding into Launceston with me to get the matter arranged with Champion & Charlton.

On our way to Launceston we called at Mr Lyttleton’s and there accidentally met with Dr Paton. Dr Paton and Mr Archer shook hands. Dr Paton then went toward a horse that was fastened to some pailing without recognising me in any way although he had been previously well acquainted. As Dr Paton was about the mount his horse I requested to speak with him, and feeling that is would be necessary to state fully what I had heard, I walked away from Mr Lyttleton’s house , lest the recital of the indecent story, might reach the ear of any of its inmates. I had no other view in asking Dr Paton to walk a little way from the house. After getting out of hearing, I related as nearly as I could the statement contained in the paper marked B. I did so without passion and called upon Dr Paton, to explain when he in the first place positively denied ever having said what was attributed to him, and persisted in the denial until I told him that I could prove he had said so.

Secondly, he admitted

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that he had mentioned, what in the first place he positively denied, but added that it was at his private table, Thirdly he admitted having mentioned it on other occasions besides at his private table, there >????? what he had reported in the second place. Fourthly he declared that he had not mentioned it as a mere report but that he had done so upon authority. Upon my insisting that he should give up his authority he said “well then if I must tell you I had it from Mr Hardwick when riding along the road”. Iortated? by these discrepancies I told Dr Paton that he was a “Liar and a slanderer” and to consider himself horse whipped and was in the act of walking away when Mr Patonn commenced a violent attach upon me and struck me several times with a horse whip across the shoulder. He challenged me to “fisticuffs” – I said fisticuffs you low fellow, I meant to treat you as a gentleman which you don’t deserve – He broke away from Mr Archer who, was endeavouring to hold him and struck at me until he was nearly exhausted – when stooping for my glove, he struck me several times with his whip and attempted either three or four times to kick me when off my guard, and in a situation, where had his foot taken affect the injury must

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have been serious. I was dissuaded from making complaint of the outrage by Mr Joseph Archer I should have gone to Mr Smith but ??? him

Thomas George Gregson

Sworn before me

August the 28 th 1829

Thomas Lascelles

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“Mr Gage and Mr Gregson were at the Royal Oak Inn on Magisterial Business one day when Mrs Owen of Swan Inn was here – the only day she … ? was here – between 11 – 12 o clock at night. I was sitting in company with Mr Harrison, Jun, Keeper at Jericho and Mrs Owen. Mr Harrison remarked that he wished he could get Mr Gregson to come home, meaning as I understood to Jericho. Mrs Owen immediately observed that Mr Gregson was not going home that night, and he betted five shillings that he would not go home. Its done said she – and Mr Harrison immediately got up and walked into the room where Mr Gregson was – I do not know what passed but he instantly returned and paid the 5 shillings to Mrs Owen saying I have lost it – she took the money and gave me four shillings for him to her own servants. Very soon after I went up stairs – Mr Gregson followed me up and into the bedroom where I was and asked me where Mrs Owen was to sleep – I asked him, what is that to you? he said 0 but tell me for I want to know. Well if you want to know, said I, she sleeps with me – Let me know said he – for I have her permission – indeed said I, but you don’t sleep here with her I assure you. I would not allow such a thing in my house for the best fifty pounds you can had for I am above it – and if I caught you and her at any things improper in my house I would have pitched you both down stairs – with that I left the room and came down stairs. Mr Ransom who is now dead remarked on my coming into the room that I paid Mrs Owen who was sitting there no attention – I had better give her a little wine – and I exclaimed in her hearing curse? such women they are a disgrace to their sex – she instantly rose ordered her cart and went out – I saw Mr Gregson stand beside the cart as she left in the cart. When Mr Harrison laid the wagon with Mrs Owen, he said that he had no other business but to see Mr Gregson home as Mrs Gregson expected to be confined any hour.

My distinct impression was that Mr Gregson was in earnest in his proposal.

Sworn before me by way of affidavit this 20^th day of August 1829

H Simpson

CC Mc Nally”

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The examination of Christiana McNally who states

I live at the Royal Oak Public House Green Ponds

I remember Mr Gage and Mr Gregson meeting there about some Magisterial Business.

Mrs Owen was present on the occasion. I never saw Mrs Owen and Mr Gregson alone in any room in my house.

I never saw Mr Gregson with his arm around Mrs Owen nor did I ever see him use the slightest freedom with her.

I never turned Mrs Owen out of my house.

Mr Gregson and Mrs Owen never met at my house but on the occasion I speak of.

Mr Gregson and Mrs Owen never had tea together at my house nor any other refreshment whatever.

Christiana McNally

Sworn before me this 2^nd January

1829

Blue? Horne JP

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In the Supreme Court Van Diemen’s Land

Gregson vs Paton

The king and prosecution of Paton on assault against Gregson

The same for provoking to fight a duel against same

Charles Brown Hardwicke to be sworn to give evidence before the arbitrators to whom the above cases are referred

GB Hardwicke (signed)

Sworn before me the 1^st Sept 1829

James Gordon CSC (signed)

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The examination of Mr Charles Brown Hardwicke after being sworn before James Gordon Esq 1 Sept 1829

Has been sworn before Has Gordon esq. Recollects that a story similar to that related by Dr Paton to Mr Gray which has been ready to him was in general circulation at some time before December 1827. I was told the story as being on in general circulation. It was related to me by persons of similar rank in society with Mr Gregson It was stated to me by those persons, but particularly by one of them that it was know to other persons of the same standing in society. It was not mentioned as being considered a secret. it was told me by person whom I considered unlikely to have invented it or to have added to ti. I told what I had heard to Dr Paton. I never stated to Dr Paton that Mr Gregson had used any influence to get Mrs Owen our of the Country. In other respects what I told Dr Paton is much the same as what I have heard read. I came here to give this evidence at the request of Dr Paton. I did not relate the story to Dr Paton as a secret. It was told by me when walking with Dr Paton ion the public way. Dr Paton did not express any gratification at hearing it. I have an impressions that Dr Paton and I both agreed that is was not likely Mr Gregson would commit himself in that way. The subject was immediately dropped and other matters conversed upon. I have now a perfect recollection that we both agreed that it was not likely.

GB Hardwicke.

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The examination of Mr CB Hardwicke continued at the desire of Dr Paton.

I am aware of the disagreeable interview which took place between Dr Paton and Mr Gregson. I was told by Mr Weston a few days after, that Dr Paton had mentioned me as his authority. [3 lines crossed out heavily] I was confident that Dr Paton had mentioned me as his authority. Dr Paton never denied having done so. I do not recollect having any particular impression on my mind with respect to the reception I might meet with Mr Gregson when I should again meet him or see him. I havemet Mr Gregson several times since. The first time I met Mr Gregson afterwards was at the meeting of the Turf Club at Ross Bridge which took place on the 10^th April or early in April. When I saw Mr Gregson on that occasion we mutually advanced and shook hands. The usual questions of courtesy occurred. I saw Mr Gregson frequently during the Races. I have an impression on my mind that we were left together some few minutes in the Club Room, yes I am sure we were. Either at this time or some other during the Races Mr Gregson asked me to retire into a room for that he wanted to speak to me. I went in. I do not recollect whether Mr Gregson said any thing to me relative to the affair which had taken place between him and Dr Paton. He did not.

I do not recollect having had any conversation with Mr Gregson on the subject during the Races. I have met Mr Gregson twice and I believe three times since the races. On one of these

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occasions I met Mr Gregson on the road when I was going to Hobart Town and I introduced a conversation with him on the subject of what had occurred between him and Dr Paton, but I am not quite certain. The conversation might have occurred at Hobart Town when I also met him. I think Mr Gregson spoke as if he knew I admitted being the authority given by Dr Paton but I am uncertain and I might have admitted it first myself but he appeared fully aware that I was the author. He did not call me to any account for being the author. We met and parted on the usual terms of courtesy between gentlemen. From Mr Gregson’s manner and the conversation which passed between us I did not doubt but that he was friendly disposed towards me. He did not express any resentment or irritation at my having told Dr Paton this story.

Upon being asked whether Mr Gregson gave any reason for having resentment or irritation towards Dr Paton – answer declined.

Mr Gregson never at any interview expressed resentment or irritation towards me since the occurrence took place between him and Dr Paton. I am not aware that any alteration in the feelings or treatment towards me of Mr Gregson or his friends has taken place in consequence of me having been the authority for what is imputed to have been said by Dr Paton. Mr Gregson has not either orally or by writing expressed any resentment towards me.

G.B. Hardwicke

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Peter Harrisson of Bath parish in the District of Oatlands Inn holder upon his oath saith.

In the month of October 1826 I accompanied Mr Gregson to Ransom’s Inn at Green Ponds, where he and Mr Gage another Magistrate were engaged in hearing a case of sly grog selling. There were very many people at Ransom’s Inn and among them the wife of George Owen who then kept a public house at the foot of constitution Hill. When the justice business was over I dined with Mssrs Gregson, Gage, Whitefield, Espie and one or two more. I remained there until nearly midnight.

In the course of the evening I sat sometimes smoking cigars with Mr Gregson, and the rest, in the left had room, and at other tines with Mrs Ransom and Mrs Owen in the right hand room. I was not continually in the company of either Mr Gregson or Mrs Owen. Between nine and ten o clock I became very

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impatient to go home, and I stated my wish to Mrs Owen and the others who sat with me in the room .- Mrs Owen offered to bet me 5 shillings that Mr Gregson would not go with me. Before either ten or eleven o clock I forget which I accepted the bet and lost it, for Mr Gregson did not leave Ransom’s until the hour named by Mrs Owen was past. – Mr Gregson was then in the adjoining room. I went to him then and importuned him to go with me. – He said he would go when he had finished the cigar he was then smoking.

He remained there about two hours after he had so promised to go home. When I had lost the Bet I paid Mrs Owen the 5/-. She then offered me another bet of 5/- that Mr Gregson would not go home that night.- This second bet I won for Mr Gregson left the House with me as I have stated about, or a little before midnight.- We reached Jericho about 2 O clock in the morning, having rode at a very rapid rate.- Mrs Owen left Ransom’s a little time before Mr Gregson and I mounted our Horses

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some time afterwards Mrs Ransom told me that on the night in question Mr Gregson had spoken to her in private upon the stairs and expressed his intention to sleep there that night with Mrs Owen, and that she (Mrs Ransom) had indignantly refused to comply with his request. – I told Mrs Ransom that Mr Gregson must have been joking. She replied that she knew quite the contrary for that he was in earnest in making the proposition.

I afterwards heard the same story from different gentlemen who said it had been mentioned to them by Mrs Ransom. – I mentioned these things to Mr Gregson, at my House, in the presence of Dr Hudspeth and I think, Mr Bryant. Mr Gregson laughed heartily.

On or about the 13^th April 1828 Mr Gregson passed the afternoon and evening at my House smoking cigars. – About ten o clock at night he drew from his pocket a paper which he asked me to read and sign. It purported to be a relation of what took place at Ransom’s between him and Mrs Owen. I instantly signed the paper and returned it to Mr Gregson, who soon afterwards left my house – I never saw the paper before he then produced it to me. Dr Hudspeth was present when

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I signed it. In signing the paper I thought I had stated that I saw nothing improper between Mr Gregson and Mrs Owen on the day in question nor that I had cause to suspect anything improper between them.

But I never said, or meant to say, that MrGregson and Mrs Owen had not to my own certain knowledge any private conversation or intercourse together. They had opportunity. They might have been together on the day and night in question while I went twice or three times to Ransom’s stable.

Three or four months ago as near as I can guess Mr Horne of Chiswick and Mr Gregson came to my Inn. One of them produced the paper which I had signed in April 1828.- Mr Horne asked me if the signature thereto was my hand writing, and if the facts therein stated were correct. I said that one part of it bore as I thought a double construction and must be allowed namely the part where I was supposed to say, positively that the whole story about Mr Gregson and Mrs Owen was false. I said I did not and could not know it to be false.

Mr Horne then made the alteration I proposed, and I swore to the truth of the contents before W Horne. I came here to made this deposition at the insistence and request of Dr Paton of Norfolk Plains from whom I received on Wednesday last the letter now produced.

Sworn before me at Anstey Barton this 29^th Day of August 1829

Thos Anstey

Peter Harrisson (signed)

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I am of opinion that Dr Paton was blameable in repeating to others the story which he had heard and prejudicial to the character of Mr Gregson and that by so doing he became liable to an action for defamation with all its consequences – I also consider that Mr Gregson in assaulting Dr Paton inflicted an inquiry upon him equal to that which he had himself sustained from Dr Paton. I would therefore decide and do hereby account it as my opinion that Mr Gregson should in withdrawing his action for defamation bear all the expenses incurred thereon up to the period of this arbitration and that Dr Paton in withdrawing

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his action for assault bear all the expenses incurred thereon up to the same period and that the expenses of the arbitration should be equally divided between the two parties.

W Weston

The question of pecuniary damages, and consequently of injury to that class of interests which are susceptible of pecuniary compensation not having been submitted to us, I am of opinion, that, as it is impossible accurately to compute the quantity of mental suffering sustained or inflicted on the one part by the libel, and on the other by the assault, it is fair to consider that the parties – had nothing further ensued – had similarly and incurred and inflicted an equality of suffering, But as Dr Paton, by proceeding at law against

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Mr Gregson for the assault, gave occasion to the counter proceedings of Mr Gregson for the libel, the libel was the wrong committed by Dr Paton and the assault the wrong committed by Mr Gregson, I am further of the opinion that the costs and expenses incurred in the action for libel should be borne by Dr Paton, and the costs and expenses incurred in the actions for assault and provocation to fight should be borne by Mr Gregson,, and that the expenses of the arbitration should be defrayed by both, each paying one half.

WB Laurence

In consequence of the difference of opinion between us in the matter of Gregson v Paton and Paton v Gregson , referred to our arbitration, we agree to submit the decisions upon the whole case to the umpire WH Lyttleton Esq

Launceston 8 Dec 1829

WB Laurence

W Weston

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Arbitration between Mssrs Gregson and Paton

The Arbitration in the above case having already decided that the contending parties have each sustained “an equal degree of injury” and “equality of suffering” and merely differ as to the division of the expenses, and costs, of the several actions committed by the parties, against each other.

I do hereby as Umpire in the above case, award adjudge, and determine, that the whole of the expenses, charges, costs, of every description relating to this matter , shall be equally defrayed and borne, by Mssrs Gregson and Paton

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share and share alike and that all further proceedings in the above matter shall cease.

W Lyttleton

Umpire

Launceston

1 June 1830

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Copy of the arbitration award

Signed WP Weston

COPY

The question of pecuniary damages, and consequently of injury to that class of interests which are susceptible of pecuniary compensation

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not having been submitted to us, I am of opinion, that, as it is impossible accurately to compute the quantity of mental suffering sustained or inflicted on the one part by the libel, and on the other by the assault, it is fair to consider that the parties – had nothing further ensued – had similarly and incurred and inflicted an equality of suffering, But as Dr Paton, by proceeding at law against Mr Gregson for the assault, gave occasion to the counter proceedings of Mr Gregson for the libel, the libel was the wrong committed by Dr Paton and the assault the wrong committed by Mr Gregson, I am further of the opinion that the costs and expenses incurred in the action for libel should be borne by Dr Paton, and the costs and expenses incurred in the actions for assault and provocation to fight should be borne by Mr Gregson,, and that the expenses of the arbitration should be defrayed by both, each paying one half.

Signed WE Lawrence

Launceston 8 Dec 1829

WB Laurence

W Weston

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Gregson vs Paton for words spoken

The King on the Prosecution of Paton for assault against Gregson

The Same for provoking to fight a duel against Same

Minutes of proceedings of the Arbitrators to whom the above cases are referred

At a meeting at White’s Hotel Launceston 27 Jan 1829 – Discuss in relation to the evidence to be taken, when I was determined to take the opinion of JM Gleadow upon the point. Adjourned till tomorrow at 10am. to allow Dr Paton till tomorrow morning at 10 am to make up his mind. The parties were informed that their respective statements were incomplete and they were required to complete them. At a meeting at White’s Hotel 28 Jany 1829.

Discussion relative to evidence continued when it was determined to take the opinion of JW Gleadow upon the point. Adjounred till tomorrow at 10am.

At a meeting at White’s Hotel 29 Jany 1829.

Discussion relative to evidence continued. The examinations in chief of Mr Wm Archers and Mr David Gray were taken. The discussion as to Documentary evidence being received and the consent of both parties not appearing to be

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obtainable, it was determined to call in the Umpire and the parties were required to attend with their respective cases and evidence complete on Monday 30^th March next.

W Weston

WB Lawrence

The meeting of the arbitrators approved for Monday the 30^th March, having been referred for the couremine? of the parties, the arbitrators met at White’s Hotel Launceston on Thursday the 6 May.

The discussion respecting evidence having been resumed, and the opinion of the Umpire taken, at the request of Mr Weston, as to whether affadavits should or should not be received in evidence, the umpire determined that if personal evidence can be procured it would be more desirable, but that the parties are disposed to offer, shall be laid before the arbitrators, and it will then remain for hem to determine what shall be received and what shall be rejected.

Resolved. W Lyttleton (signed)

that the above decision be communicated to the parties, and that it be intimated to them, that the arbitrators cannot with convenience to themselves name, at present, a day for their future meaning. That we soon as possible with convenience to the arbitrators, a day shall be

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appointed and communicated to the parties, on which day, so to be named, the parties are required to produce before the Arbitrators all the evidence whether personal or written which they may wish to offer, and also their respective statements of their case in writing, freed from the irrelevant matter objected to by the arbitrators and pointed out to the parties at the former meeting

WB Lawrence

W Weston

Monday 31 August having been appointed and ??? notice given to the parties conformably to the minutes of the last meeting, the arbitrators and umpire met accordingly.

Mr Gregson having been prevented by illness from attending personally committed his statement and documentary evidence. Dr Paton appeared and having first intimated a wish for further time which was refused and withdrawn proceeded to state that he had been desired by some of the persons show affidavits or statements he proposed submitting to require a request an understanding that secrecy with respect to the said affidavits or statements should be presumed by the arbitrators and umpires. In the course of the discussion which ensured, it came out that some of those papers contained or were supposed to contain libellous matter likely to lead to further litigation and ill will. Mr Lawrence objected to giving any such pledge and upon further giving any explanation, declared his determination not to become acquainted at all with the contents of papers admitted to be of so dangerous a nature, but to decline all further proceedings in the matter of the arbitration.

WB Lawrence

W Weston

W Lyttleton

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Arbitration

between

Messrs Gregson and Paton

The Arbitrators in the above case, having already decided that the contending parties have each sustained “an equal degree of injury” and “equality of suffering” and merely differ, as to the division of the expenses and costs, of the several actions incurred by the parties against each other.

I do hereby as Umpire in the above case, award, adjudge, and determine, the the whole of the expenses, charges, and costs, of ever description whatsoever, relating to this matter, shall be equally defrayed and borne, by mssrs Gregson and Patonmm shall and

WE Lawrence

WP Weston

Esq

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and share alike, and that all further proceedings in the above matter, shall cease.

W Lyttleton

Launceston

1 June 1830

END OF BOUND VOLUME 4

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ms 3251 1821-1862 box 1 vol 3

Posted on October 24, 2009 | Leave a comment

ECHOES OF BUSHRANGING DAYS IN VAN DIEMEN’S LAND: BRADY, MCCABE, PERRY, GEFFREYS, AND BRITTON
1821-1862
Manuscript 3251. Vol 3 in box 1. Collection of the National Library of Australia.

TRANSCRIPT:

1821 in pencil

“An agreement I made and entered into between Patrick McAvoy and Redmond [?] Bourke this 2^nd Day of June in the year of our Lord one thousand eight hundred and twenty one the said Bourke and McAvoy both of Hobart Town. Witness that the said Patrick McAvoy of Hobart Town aforesaid agrees and enters into partnership with the said Redmond Bourke of Hobart Town aforesaid to give him one half of the house and premises he holds in Mc quaries Street st joining Thomas Farrells premises in consideration of the said Redmond Bourke dividing his property both in Sandy Bay and Hobart Town also dividing his government salary with him the said Patrick McAvoy, Witness our hands the day and year first above written

Present

Michael Shaughnessy

Redmond Bourke

Daniel Daly

Patrick McAvoy

[all self signed]

etc

p2 [11 July 2009]

George Town

Thursday evening 2 July 1820

Mr Fitzgerald

Sir

A Bench of Magistrates will assemble at Government House here on Saturday next the 29^th instant, for the purpose of investigating into your affair with the four Prisoners, on charge of having part of your property of which you was robbed.

The Commandant has therefore desired me to send a Constable off express to apprise you of the same, that you may attend the Court at 10 O Clock on Saturday morning next

I am sir

Your most Obed servant

? B Boothman

Chief Constable

Sir

I have received your letter Friday in which directs me to appear on tomorrow at 10 O Clock at Government House which would be out of my power to walk the journey and should have had notice ? day or two beforehand – if I had ? ? you I’d be in George Town this Night

I am with respect

JOS yr humble Obed Serv

Mich Fitzgerald ?

Mr B Boothman

27 July 1820

by Constable Lynch

Michael Fitzgerald

near to Launceston

George Gardener Convict holding a Ticket of Leave charged with having in his possession the Towel the property of Mr Charles Reid knowing the same to have been stolen

Mr Charles Reid sworn saith, several months back two pair of Trowsers, some shirts, cravats, and one towel were feloniously stolen from my dwelling house on Norfolk Plains. On Tuesday last I accompanied District Constable Aldgate to the Hut occupied by John Baker and the Prisoner George Gardener and on searching found this pair of trowsers which I swear to me my property and which Rose Jones who lived with Baker told me Gardener had brot? from Town and that Baker had bought them from a man named Curry also a Ticket of Leave man. I then went with Aldgate to the House of Alex Sutters? and there found in the box of the Prisoner George Gardener this towel with the piece of tape sown in the middle which I swear to be my property and to have been stolen from my House.

M Charles Reid

District Constable Aldgate sworn saith on Tuesday last I accompanied Mr Reid to the hut accompanied by Mr Baker and the prisoner George Gardener and there I found this pair of striped trowsers which Rose Jones who lives with Baker told me were Bakers and had been bought by him from a Ticket of Leave man named Curry, but that the prisoner Gardener had bought them from town. I then went to Alexander Sutters and there found locked up in the prisoner’s box the towel which Mr Reid claimed as his property and said he could swear to. Mr Reid could swear to the trowsers being his property.

Thomas Aldgate’s mark X

The prisoner in his defence say that he bought two towels of Mr Reid one of which is that now claimed by Mr Reid and that Doctor Smith can prove that the trowsers are his property.

The prisoner is committed to trial before a Bench of Magistrates at Launceston

30 Dec 1822

Thos: Archer JP

back of p7

Depositions taken before T Archer esq against Geo Gardener received 30 Dec 1822

Corwall to w

Came before me P Mulgrave Esq one of HM Justice’s of the Peace of Van Diemen’s Land, Convict Joseph Pratt, who being duly sworn deposeth on the 19^th Sept last I took a pass which I found ??? this office of W Downy Lieut? for the Locus? delivered to J F L Mayfinch ? who had procured? to do something for me, the pass he read over to me the date was then February, the date of the month and year, I do not recollect. He told me that he had dated it two days back, that altho’ it was made out for John Shannan it would pass me through any part of the county. I paid him a fencee? blanket for his ????, he read it to me in his Bedroom where no other person was present, he des???me not to show it until I got beyond Launceston, where no person could tell me from John Shannan.

Sworn before me being first ???? ???? this 18^th Nov 1822

P M Mulgrave JP

Joseph X Pratt

His Mark

p9 (top centre of this page has a 15mm hole cut in it – why?)

This pass was shown to the Prisoner Mayfinch who denies any knowledge of it.

P W Mulgrave JP

p10 1824 in pencil

Christopher Jackson /Bencoolin/ 7 yr/ TL

charged with being drunk and out after hour last night

Please guilty

Sentence

Five shillings and gaolers fee

Police Office

May 22^nd

TBS and TS ?? Esquire

Mr Matthew Paine Free/ David Shaw/ charged with having in his possession a Box of Soap the property of Mr Allan, the said soap having been fraudulently obtained from the house of George Hull Esquire.

Mr Paine admits having a Box of soap which was owned by Mr Allen but says he bought the said soap of John Thomas at the Rate if ten pence for it in cash which the account and receipt now shown proves Mr Paines states that there appeared to have been sone bane crossed out other side of the box that that he did bot observe it until he examined it in the presence of William Kenworthy Esquire.

Signed Matthew Paine

The charge is dismissed Mr Paine to appear against John Thomas

p11

Police Office May 22^nd 1824

Jb Simpson Esquire

John Jones/ Lord Hungerford/Life

John Lee/Indefatigable/Life/PH?

charged with absconding from the service of Mr Willis (to whom they had been lent) and returning to Launceston with a pass.

Plea guilty

Jones to receive 50 lashes and return to Mr Willis

Lee – to received 25 lashes and return to Mr Willis

John White/Lord Hungerford/7 years

charged with insolence to Jones the overseer of the Penitentiary

Plea Guilty

Thirty Lashes half on the back

and half on the Breech

John McCarthy/Caledonia/Life

an assigned servant to Mr Daley

Charged with endeavouring to obtain rum from Mrs Lette under false pretences

The information of Mr Lette being Read.

Mc Carthy admits the charge but says that constable Mold /Mort? gave his two dollars to purchase the Rum, but denies that he told Mrs Lette that “Mr Lette had ordered him to receive it” and also that he did not tell Mr Letter of any other person that he was Robert Lanes servant, he also states

p12

that he had no conversation with Constable Mort? respecting the rum which he was sent for or the consequence that might occur from purchasing that quantity of Mr Lette.

Ann Rummer who being sworn saith I am an assigned servant to Mr Lette same day since the Prisoner Mc Carthy came to my masters house with a Bottle and two dollars, asked my Mistress for a quart of rum, which was refused by her saying she never sold less than two gallons, he again requested my mistress to let him have the rum which was again refused, Mrs Lette asked him who he was, he said he lived with Bob Lane, that he knew my master very well and that if he was at home he could get it.

signed

The X of Ann Rummer

Decision

The Prisoner McCarthy is ordered to attend on the first Saturday in June next before a bench of Magistrates to answer the charge.

Mr Nathaniel Lucas/Free

Charges by Mr John Knights with assaulting and beating him in the Public street last evening.

Plea Guilty, but says that Knight was upon his premises when he first saw him and was looking in at his window. Mr Lucas is ordered to find sureties of the Peace for 1 month.

p13

Thomas Hill/Hull? /Surry/7 yrs

an assigned servant to Mr Willis charged with insolence and neglect of duty.

Plea Not Guilty

Mr Willis being sworn saith I have had repeated cause to complain of the Prisoner’s insolence and particularly so on sunday last. I desired him to split some shingles during the preceding week, which he neglected to do, he demanded a bottle of brandy of me and a pair of trowsers which I thought proper to refuse in consequence of his neglect of duty, he has told me he would never do another days work for me, and would immediately do to the Lieutenant Governor.

I told him if that was the case I would send him to Doctor Pearson and told him to go there with a note this he neglected too do until about an hour and a half after I had ordered him, his former bad conduct has inducted me to complain of him.

Signed Richard Willis

Sentence

Twenty five lashes and return to the Public works

p14

Police Office May 24^th TBS ?? Major Mc Ld JP

Daniel Floyd/Nereus/Free

Charged with being drunk last evening in the house of Mr Mc Donald

Plea Guilty

Sentence

To pay a fine of five shillings

Richard Gill/PW/Hibernia/Life/

Charged with stealing a quantity of Bread and two bags from the House of Edward Munro

Plea

Not Guilty

The information of Edward Munro being Read and confirmed

The information of James Yates being Read and confirmed

The information of Constable Smith being Read and confirmed

Decision

Gill is committed for further examination

William Lacey Cooper / Arab/ Life

as assigned servant to Mr Birrell

Charged with being drunk last evening on the streets

Plea Guilty

Sentence To pay a fine of 5 shillings

p15

William Foreman/Commodore Hayes/ 14 yrs

an assigned servant to Major Mc Leod charged with insolence and disobedience of orders

plea Guilty

Sentence Fifty lashes and returned to his master’s employ

Police Office May 26^th JBS James Simpson Esq JP

Doctor Mountgarrett/Free/

Charged by his assigned servant Thomas Baker with ill treating him on the 17^th instant.

The case is dismissed and Baker is to return to his Master’s employ

William Wheels/Sir Godfrey Webster/Life

an assigned servant to Doctor Mountgarrett charged with insolence and neglect of duty.

Plea Not Guilty

Dr Mountgarrett states on oath that the prisoner was frequently seen lying down upon the harrow whilst harrowing a piece of land and that when he told him of it he said it was a damned lie, last Friday week I sent him to fetch in the bullock instead of doing so he went away and did not return until the next day

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although he knew well that the bullock were close at hand, he has frequently absented himself from his Hut during night and on various occasions has treated me with insolence.

Signed Jacob Mountgarrett

Sentence

Fifty lashes half on the back and half on the Breech and work 3 months in the gaol gang.

William Evans /Lord Hungerford/14 years

John Burke/Globe/7 years/ TL

Charged with stealing and slaughtering a bullock or steer on Sunday evening last the Property of Sarah Atkinson

Plea Not Guilty

The prisoners are committed for trial before the next Bench of Magistrates

Police Office May 27^th JB Simpson JP

James Boyde/TL/Fortune/Life

Charged with being drunk and disorderly on the streets last night

Plea guilty

Sentence Five shillings & gaoler fee

William Webb/Globe/7 yrs

Charged with Riding in his cart on the Public Road without reins to guide the Bullocks drawing the same

Plea Guilty

Fined 10 shillings

p17

John Langton/Bencoolin/7 yrs

Charged with refusing to pay John Griffin 15’ 16” 0 ??? ???? for agricultural labourer.

Langton admits the work to be done but says that Griffin has overcharged him.

Langton is ordered to pay Griffin forty eight bushels of wheat in two days time.

Police Office may 28^th JB Simpson

Mr Wickham Whitchurch

Charged with having in his possession a Box of Soap the property of Mr Allan. Mr Whitchurch states I admit I had a Box of Soap with Mr Allan’s name upon it which I bought of John Thomas and paid him three pounds eight shilling for it being at the rate of one shilling for the Box was said to contain 56 pounds and Thomas promised to deliver the remainder when it should arrive from Hobart Town. John Black and Abraham Moses were present at the time I bought the said soap, Thomas told me that it was his own property and as such I bought it of him, about an hour and a half after I had bought it, I examined the Box and found Mr Allan’s name

p18

…..

small page

2006 Abraham Halliwell per Layton states he is free today with Mr Emmett ?? ??? new?? see as to this I ???? of >???? in England

2007 2 July

2008 Emmett??

p19

…a month ago I desired him to remove some casks standing in the yard, he did not refuse this order but was extremely insolent during my absence from home he takes the liberty of using insolence to Mrs Simpson, particularly on Sunday last he was then drunk and refused to cur some wood for the fire, he complained he had got no shoes and could not cut wood in consequence, making use of a great deal of abusive language.

Sentence

To be confined in a cell on Bread and water fourteen days and be returned to his master.

John Eddistone/Free

Charged with Riding in bis Cart on the Public Road without reins to guide the bullocks drawing the same

plea Guilty

Fined 20 shillings

James Holman/Malabar/14 yrs

A clerk employed on the commissariat office.

Charged with having a watch on his person supposed to have been stolen and with being accessory to the concealment of a portmanteau the Property of Mr Allan

Plea Not Guilty

Remanded for further examination

p20

William Bruce/Hibernia/Life/PM

Charged with having a Portmanteau in his possession the property of Mr Allan for which he cannot satisfactorily account.

Bruce admits the charge but says the portmanteau was given to him by John Thomas

as his property to convey to the wharf at Launceston

Bruce is remanded for further examination.

Allan Mc Donald/free/skelton

Charged with having sundry articles of wearing apparel and soap in his possession the property of Mr Allan which were entrusted to John Thomas and not delivered according to order.

Mr Mc Donald admits the charge but says John Thomas sold him the clothes and soap as his own property.

McDonald is committed for further examination but admitted to Bail.

Police Office may 21^st 1824 JBS Simpson Esq.Redmund Burke/ Guildford

a constable

Charged by Mr Kenworthy with neglect of duty

Plea Not Guilty

Not prosecutor appearing Burke is discharged

p21 1825 in pencil

To the workshipful the Justice of the Peace acting in and for the County of Cornwall Van Diemen’s Land

We the undersigned Chief Constable and three Householders of the District of Norfolk Plains do hereby certify that Edward Bailey is a person of good fame and reputation and fit and proper to keep a public house

Witness our hands

CB Hardwicke CA Constable [very shaky old hand]

John Smith

J Mountgarrett [shaky hand]

WJ ? Baker

I consider Mr Edward Bailey to be a very fit proper person to have a Licence to keep a Publick House in the District of Norfolk Plains, Van Diemen’s Land

Tho Archer JP

Woolmers 5 July 1825

p22

To the workshipfull the Justices of the Peace in and for Van Diemen’s Land

We the undersigned Ministers, chief constable, Householders of the Township of Launceston, do hereby Certify that James Scott, Odeland (?) of Launceston is a person of good fame and reputation and fit and proper to keep a public house.

Witness our hands

G Lawson Chief Constable

John Youl

W Hull

Thomson

Mr Kenworth

William Barnes

Will Lawrence

A B Watson (?)

Launceston 3 Sept 1825

Under all the circumstances of this application I am of the opinion that a public House in the part of the town where James Scott’s residence is situated would be advisable and therefore I recommend his having a licence

W Balfour Lt Col Commt

p23

Launceston

13^th September 1825

To the worshipfull the Justices of the Peace acting in and for His Majesty’s Settlement of Port Dalrymple Van Diemen’s Land

We the undersigned Minister, Chief Constable, and three householders of the Town of Launceston Port Dalrymple aforesaid do hereby Certify that John Townsend of the Long Meadow near Launceston is a person of good fame and reputation and fit and proper to keep a Public House.

Witness our hands

John Youl

Chaplain

Arch Thomsson

Jn Sinclair

Thomas Prosser

George Lawson

Chief Constable

p24 1825 in pencil

The complaint of John Cane Mason against Mr James Reid for payment of work done upon his farm.

From the evidence produced in this case I deduce? the following conclusions. Admitting that a verbal agreement was originally entered into between Mr Reid and John Cane for opening a quarry and building the chimnies as stated by Doctor Landale.

Mr Reid by refusing t? Cane to work any longer upon his premises and also by his ???vortmbing?? offer to pay him for the seven days he has been employed at the building has given this most convincing proof that he consented to the cancelling of all for the obligations between himself and Cane and consequently has forfeited all claims to recourse for breach of contract

Secondly

there is no evidence to shew

p25

that Cane was ass???? occasion?? guilty of insolence or improper conduct when he repeated G C upon Mr Reid for payment of his demand. On the contrary it appears from the concurring testimony of the servants that he invariably b…. with great propriety and con….? then ????? near ground for Mr Reid refusing to pay him an equitable wagefor the seven days.

Third

When Mr Reid insisted he would not pay Cane any thing ‘till he produced the Lairds ??writing of Magistrate’s f??? in. the ????? of the daily wage to be allowed to? p??? could not with prop???/ attempt to resist an increase he himself had forcibly impo??? upon Cane.

Lastly it being demonstrated that Cane is an acknowledged

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good workman and that an industrious artisan working like himself upon indulgence can easily earn ten shillings a day and it being farther presumed that there exists no colonial law or regulation to determine the wages of mechanics and artifices b??? Ticket of Leave ???/ to compel then to undertake work against their will.

Thus hereby awarded that five shillings a day with free board and lodgings or thirty fibre shillings for the seven days work without any deduction whatever shall be paid by Mr Reid to the plaintiff John Cane with reference to the Bench what for the compensations he may be entitled to for the many days he has lost in going to Mr Reid to seek his payment.

Mr Horne JP

Ross 17 March 1825

p27

Declaration of John Cain Ticket of Leave man working first duly sworn Mr Leith?? oath as follows.

I entered into an engagement with Mr james Reid which him three chimneys and a room and when I came to behin the work Mr Reid wished to alter the original engagement by confirming it was two chimneys and an oven to which I agreed for the sum of Fourteen ?? pounds

I was to find the stones and Mr Reid was to cart them.

I worked seven days at the job and no sort of complaint of whatever nature was made until the evening of the sixth day up to which time Mr Reid’s cart man ????? the stones with which I carried on the building.

Upon the sixth evening Mr Reid objected to my building without I would sink a quarry and raise the stones. To which I replied rasing stones and sinking a quarry are two distinct things.

Mr Reid r?????d ??????? not raise any more stones not would he ???? any more that were raised.

Upon the seventh day. I returned? to my work and carried on the whole of the day ‘till night and little before I gave over work M r Reid came and ????? over some of my work.

p28

saying I should work no more till I would provide stones to his liking

I showed? to Mr Reid that was what no person had ever ???? to my work.

Upon the eighth morning I went out to the quarry and Mr Reid followed me thither. I began to raise stones to Mr Reid’s cart.

Mr Reid told the man, his hand. to not cart any of the stones which was raised, that I must sink a quarry below the ground. I continued to work till dinner and had a load raised which I thought would please him. I told the man to put them in the cart which he did. I returned home with the man to dinner and when I had taken dinner I wentr to my ???? at the building of the chimney.

So near as I can recollect between the hours of one and two Mr Reid came to me and said he would let me build no more with those stones again I can find ????? ???? stones without putting them in ??? work.

I then said to Mr Reid I must go to Mr Horn to see if he will give me any justice.

Mr Reid said you had better take care of yourself or I will get your Ticket of Leave taken from you.

With that I came away to the men’s hut where I stopped and got a paper and ??? out which I proposed should be signed by Mr Reid and myself as the terms of our agreement for the building carrying on.

I sent it to Mr Reid by his servant maid. She brought it back to me again and said Mr Reid would not sign it. I then spoke to Mr Reid and enquired what reason he had for refusing to sign the paper to which Mr Reid made answer there is nothing about sinking a quarry in it.

With that I left Mr Reids premises the next morning and repaired to your house at Ross to complain of Mr Reid

I told you as nearly as I can recollect what I have now stated and I showd you the written agreement I had presented to Mr Reid

You then wrote a note and sent me with it to Mr Reid desiring ???? giving you an answer.

Mr Reid returned an answer by me the next day. Which I am send over to me stating that I had worked seven days for which he was willing to pay me and I might go about my business.

I agreed with adding ??????? you should be pleased to allow ?? for the seven days I would be content with as I was tired of the job. I then asked what you would be willing to allow me

p29

you answered you had no authority to dictate terms all matters of such a nature being settled as per agreements between the parties.

I took this impage?? to Mr Reid and he told me he would pay me nothing unless your deduced what it should be.

I returned the following day to you with this answer and you gave me a written paper which I delivered to Mr Reid in his own grey stationery, that you considered 57- and free board and lodging a very reasonable charge.

I delivered this paper to Mr Reid in his garden and when he read it he threw it back to me again.

I then ???? him I will ???? me that small sum.

tues 13 July 2009

I shall not pay you, I will bet Mr Horn know better law than that. He knows no more about law than an old woman.

With that I picked up the paper and came away and passed the night at Mr Cox’s and continued my journey to Ross the next day and informed you what had happened.

Your replied it was but? a ??? shifttin? to the general ?? and you moved to summon Mr Reid to appear.

I attended agreeable to your orders at Pitt’s Inn and you told me there in the presence of W R??? or? calling t??m in such a manner that he showed fear that Mr Reid

p30

to pay me for the seven days work and that I should call to get the thirty five shillings. I thanked you and said I was ??? happy to learn the news.

Whilst sitting drinking Mr Pitt’s I asked Mr Reid’s assigned servant Cavenagh what reason he had for denging? the words which passed in Mr Reid’s garden when I presented to him the note addressing I suppose you’re your master has bribed you.

He made answer “he did not bribe me but if I went to tell the truth there was another man ready to contradict me and I might not go home for he would give me no peace.”

In a few days after I went to Mr Reid in his garden and asked him for the money. He answered he had it not. I said do you mean not to pay me Mr Reid. He said would pay me when he should get it.

I told him to give it to Mr Cox that I did not wish to be coming about his premises. He answered if I would give Mr Cox an order he would let him have it.

I did not trouble Mr Reid again about it for three week or a month when as I was passing by accidentally with another man and called upon Mr Reid in his stock yard

p31

saying I wished to speak to him.

Mr Reid replied I have nothing.

I answered I would make him have time to speak to me yet.

In about seven weeks after I presented Mr Reid with a bill for thirty five shillings he answered he had two or three and twenty shillings ag??? me to place against the thirty five.

I said Mr Reid I must go once more to a Magistrate and came? again that same day to you and told you that Mr Reid had not paid me.

You then entered your cottage and wrote a few lines to Mr Reid the next morning? and asked for an answer.

Mr Reid replied I have got ??? . I then told him you desired me ??? got an answer. He would not speak to me.

I requested him to open the letter and given me an answer before I went away.

Mr Reid made me no sort of answer and walked away to where his man was killing a pig.

I had a minute or two thinking he would open the letter and when I saw no sign of Mr Reid opening it I left the premises and returned to Ross to acquaint you the particulars.

p32

You said you would send Mr Reid a summons to appear at Jericho the following Saturday and desired me to attend also which acceardi? I did and called m p?? ong??/ or my road? driver?

You gave me a letter to deliver to Mr Anstey which I did.

Mr Anstey after reading it sent me with it to Mr Gregson? who told me to stop until the next day lite? after twelve o clock. I remained till about three in the afternoon and Mr Anstey gave me a letter to deliver to you and desired me to walk to Mr Gregson’s for another which on doing said /I did? and Mr Anstey d???? the letter wa??? desiring me to deliver them safe to you.

Mr Reid’s two men Gilbert Bligh Kennedy and James Cavenagh were in the garden when I delivered your note to Mr Reid and to the best of my liking? were within four yards of Mr Reid.

Sworn before me on the 17^th March

John Cain (own shaky signature)

R Horn JP

p32

Deposition of Mr James Reid of the Macquarie River who being duly sworn maketh oath.

In October John Cain came to me wishing to contract with me to build some chimnies and an oven.

I told him what? milkman? what he build two chimnies and an oven to be built of fresh stone and he to quarry the stone himself.

We went to the hill where the stone was to be got and he said it ?? very difficult himself to open the quarry and of course he must have more for the work. After considering a little he said he would build what I wanted and would quarry the stone for twitact?? pounds.

These words he said in the presence of Dr Landale at the same time Dr Landale said it was worth all the more to me to have the quarry opened.

I agreed with him and there ???? and employed cart with a man and bullock to bring the stones in.

In place of quarrying the stones he gathered all kinds of stones from off the surface. When tol??? as well as the stones.

When I observed that I told him his agreement with me was to quarry the stones and I would not leave him to build. What stones he had got in nor send Mr Clark? for more till he had quarried….

He still persisted in building with ???? stones. When I asked him

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to stop and knocked down ??? upon the upper course of the building upon which he went and complained.

You commanded? me to settle with the man when I returned?? the man who had broke this his engagement and was not entitled to anything. ???? if it were to save me any further trouble in the business and I would pay him for the number of days he had been working at the rate he was entitled to by the Government regulations.

The man returned to me with a page in grunt? and writing stating there exists no Government regulations for Ticket of Leave men. The meaning of a man holding a Ticket of Leave is that he has liberty to work for who he pleases upon those terms upon which both parties can agree and that in your opinion 57- per day is a verleas? and mandinate? charge for a day’s work but I am positive there was not word of board and lodging in it.

My agreement with the man that he was to find himself with everything. When Cain presented the? paper to me in the garden I read it and returned it to him saying.

If Mr Horn did not know there are government regulations I since ?? having occasion to be in Launceston eight days before I saw it stuck in the Police Office but said

nothing

p34

further respecting Mr Horn.

a few days after myself and two men received summons to attend before a Bench of Magistrates at Ross when Mr Horn asked me how I could object? to disasper Halls?? I enquired Law? you replied I had answered the man who presented the paper written to me that I know no more of the Government regulations than an old woman which I denied and told? the man to prove.

You call’d him and asked him to repeat what I had said in the garden what he said exactly the words “if Mr Horn does not know the Government regulations he does”.

You enquired of him Law? he came to say before I had called over an old woman to which he enquired he did and then? that at last is was of no use to say so for that my man would be influenced by me not to confirm it.

I then threatened the man that I would then have him taken before a magistrate for saying my men had be biased by me in their evidence and wished to make a complaint to you about it which you said you could not receive.

I then said I would lay the complaint before the bench of Launceston shortly after you spoke to me again upon the subject and extuated? me to

p35

settle with the man saying if you will not do it for the man’s sake do it for mine and I agreed to pay him what was due him.

He called upon me two or three times and was very insolent calling upon me to speak to him and upon Friday 4^th of March he sanded? me ??? the garden pailing? a note demanding payment of 35/- for work when I told him I had a Aucator? cluding? of 22/ or 23/- for what he had got off? me whilst he was upon my premises.

He said he would allow no reduction he had your order to get payment of the full sum in ???? any reduction whatever and I told him I should not have to pay him anything more than in fallaner?

He went away and the following morning brought a letter from you. He met me as I was going from the house to servant who was killing a pig and gave me the letter saying he wanted an answer. Without opening the letter I walked onto the manand almost in ??? until I returned to house and there opened the letter.

On receiving it I larks? out of the brind? for Cain who was not to be seen. I did not say he should have no answer. The following day he? returned Free?? a summons to appear at Jericho which I declined because I resided in the county of Cornwall of Corr???

Sworn before me this 17^th of March 1825

James Reid

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Adding that I should be most happy to why? a summons before a bench in Launceston. On following Monday I received a summons to appear with him? at M/ at Orss.

Sworn before me this 17 March 1825

James Reid

RM Horn JP

p37

Deposition of Doctor Thomas Landall resides upon the Macquarie River who his faith has duly sworn maketh oath as follows.

I proceeded with Mr Reid to a quarry hill upon his premises where free stone was accompanied by John Cain and after remaining??? several parts of it Cain pitched upon a sport where he thought stone would be most easily procured.

Mr Reid entered into an agreement with him to build him 2 or 3 chimmnies and an oven.

A good deal of agreement took place respecting the price and I remarked to Mr Reid not to stand on afterwards as the opening of the quarry I considered of very great advantage.

Cain remarked that he would much? then build the chimnies, then quarry the stones.

He also questioned that Mr Reid was to find him in say? implement keep? as? for raisin?. The stone m?? wedges, crowbars, sledges,s hammers.

These terms were acceded to by Cain and a good deal of conversation took place relation to the quarrying.

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of the stone.

Th. Landall

Sworn before me this day 17th March 1825

RM Horn.

p39

Deposition of William Gantlenshaw?? Ticket of Leave man who having been first duly sworn maketh oath as follows.

One day before the general muster as Cavenagh was going to Mr Murray’s for some boards I asked him how the concern between Mr Reid and Cain was settled. Cavenagh replied ‘Cain is a coward for Mr Reid ordered him off his premises and told him he would never pay him a half penny for that Mr Horn knew now more of law than an old woman.’

Upon the day of muster after the muster was over I was sitting in the room where Cain and Cavanagh were drinking and Cain asked Cavenagh if his master had told him not to tell the truth.

Cavenagh replied no but he was not sworn and he might tell what he chose it he was not sworn. If he was sworn he would tell the truth.

I recollect hearing some person speaking of being afraid to go home but do not remember particularly

p40

neither can I say who it was who mentioned it.

William his Gunshawsham

Mark

Sworn before me this 17^th March 1825

?? Horn J

p41

James Cavanagh assigned servant to Mr James Reid being first duly sworn maketh oath

I was in the garden when John Cain presented a written paper to Mr Reid

Mr Reid read the paper and told Cain to be off

Cain then said “Will you not pay me my wages”

Mr Reid replied “Be off my premises. Mr Horn knows no more of being a magistrate than an old woman”

Cain replied “I know what Mr Horn told me at the time”

No angry words took place between Mr Reid and Cain and the latter left the premises without saying anything failthy.

James Cavanagh

His X mark

Sworn before me ??? this 17^th March 1825

Pm Horn JP

see:

Ratho Alexander Reid c.1783-1857 arr. 1 March 1822 JP Bothwell
Humbie Alexander Reid c.1783-1857arr. 1 March 1822 JP Richmond
Richmond Park Charles Reid c.1793-1857 arr. Sept. 1818 Merchant Norfolk Plains
Greenhill James Reid c.1803-1866 arr.14 Jan 1823 Distiller Macquarie River
Richmond Hill James Reid c.1803-1866 arr.14 Jan 1823 Distiller West Tamar

p42

Deposition of Gilbert Blith

Servant of Mr James Reid upon the Macquarie who being first sworn maketh saith

“I was in the garden when Cain presented a written paper to Mr Reid. Mr Reid read it over and returned it to the man saying if Mr Horn did not know the rules of Ticket of Leave mean’s wages he had seen them at Launceston”.

Mr Reid told Cain to be gone from about the premises. Cain accordingly went away without saying anything that I heard.

Nothing further was said by one nor the other in my presence.

Gilbert Blyth [signed by him]

Sworn by me ????? this 17^th march 1825

PM Horn

p43

tiny page [A6]

Break of Day Plains 1st February 1825

Sir,

My late Government servant Henry Strong on his way to Hobart Town some considerable time ago says he left 2 wedders of mine along with a parcell of sheep belonging to a man of the name of Daley somewhere in your neighbourhood now Sunderland ? they are in your charge as Chief District Constable and I wish to state if they are mine you will find they are all branded either on the right side of the nose or across it with a plain iron

p44

and my regular standing earmark is a hole in the left ear and three back bits in the right ear. Will you have the goodness to let me know how I can recover them – and if there are any more among then you have in keeping with that mark.

& I am

Sir

Your most ob’d Servt

Rodk Forbes

Mr Eagle

C DC

p45

Please address to me

at Break of Day Plains

to be left at W McLeods

Elizabeth Creek to be forwarded.

p46

Mr Eagle

Chief District Constable

Macquarie River

p47

tiny page [A6]

Sir

I have the honour to extract of a letter from B Horne Esq also copy of note from Mr Rod Forbes which are all the documents that could be found in this office elative to Daley and ???? I believe ???? information were taken before Mr Horne at the time Daley was apprehended at Ross Bridge Mr Horne had been written upon the subject and in reply states that that the information never forwarded .. the Super…ew of Police at HT. and on infie?? to Mr Mulgraves Letter Book I fare that application was made to Mr Humphries on the 21^st March last to which it does not appear any a(action?) has been received.

p48 1828 in pencil

Van Diemen’s Land

To wit

Be it remembered that on the 29^th day of September one thousand eight hundred and twenty five Robert Towers and James Towers of Launceston came personally before us James Cox Esq J C Simpson and P A Mulgrave esquires Justices of the Peace for the said Island and its dependencies and acknowledged themselves to owe to our said Lord the King to Wit the said Robert Towers the sum of one hundred punds and the said James Towers the sum of one hundred pounds of lawful money of Great Britain to be respectively levied of their several goods and chattels lands and tenements to the use of our said Lord the King his Heirs and successors in case default shall be made in the performance of any of the conditions hereunder written.

The condition of this Recognizance is such that whereas the said Robert Towers is Licensed to Brew Beer Ale and other male liquors on his premises in Launceston in the County of Cornwall and that if he shall not suffer any quantity of Sugar or Molasses exceeding one hundred pounds weight to be within the premises of the said brewery or in no wise make Beer ale or Porter from Sugar or Molasses, then this Recognizance shall be null and void otherwise to remain in full force and virtue.

Taken and acknowledged before us the day and year above written.

James Cox

H Simpson

PA Mulgrave

p49

? from Robert Tower and James Tower

29^th Sept 1825

p50

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Alexander Stewart of Launceston and Mr William Barnes of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Alexander Stewart the Sum of Thirty Pounds; and the said William Barnes the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Alexander Stewart is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Alexander Stewart now Dwells, being the sign of The Rose and Thistle in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said Alexander Stewart James Houghton do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p51

any Time, or to remain there Tippling or Drinking after the Hour of Nine at Night, or on Sunday at any Hour; nor suffer any Disorder to be committed therein; nor refuse to admit any Magistrate, or Constable, into any Part of the said House or Premises; then the said Recognizance to be Void: otherwise, to remain in full Force.

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p52

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Henry Davis of Launceston and Wickham Whitchurch of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Henry Davis the Sum of Thirty Pounds; and the said Wickham Whitchurch the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Henry Davis is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Henry Davis now Dwells, being the sign of The Commercial Tavern in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said Henry Davis do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p53

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p54

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Henry Boyle of Launceston and Terrence Roe of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Henry Boyle the Sum of Thirty Pounds; and the said Terrence Roe the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Henry Boyle is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Henry Boyle now Dwells, being the sign of The Red Lion in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said Henry Boyle do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p55

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p56

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five William Field of Launceston and William Keating of Norfolk Plains came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said William Field the Sum of Thirty Pounds; and the said William Keating the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said William Field is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said William Field now Dwells, being the sign of The Plough in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said William Field do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p57

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p58

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Alexander Waddle of Launceston and Theophilus Futrill of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Alexander Waddle the Sum of Thirty Pounds; and the said Theophilus Futrill the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Alexander Waddle is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Alexander Waddle now Dwells, being the sign of The Horse and Jockey in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said Alexander Waddle do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p59

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p60

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Thomas Manning of Launceston and John Park of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Thomas Manning the Sum of Thirty Pounds; and the said John Park the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Thomas Manning is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Thomas Manning now Dwells, being the sign of The Jolly Sailor in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said Thomas Manning do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p61

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p62

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Robert Towers of Launceston and Newman Williatt of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Robert Towers the Sum of Thirty Pounds; and the said Newman Williatt the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Robert Towers is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Robert Towers now Dwells, being the sign of The Caledonia Hotel in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said Robert Towers do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p63

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave JP

p64

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five John James of Launceston and Newman Williatt of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said John James the Sum of Thirty Pounds; and the said Newman Williatt the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said John James is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said John James now Dwells, being the sign of The Wheatsheaf in the District or Township of Norfolk Plains from the date hereof until the twenty ninth Day of September 1826. IF the said John James do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p65

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p66

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five James Houghton of Launceston and James Yates of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said James Houghton the Sum of Thirty Pounds; and the said James Yates the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said James Houghton is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said James Houghton now Dwells, being the sign of The Globe in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said James Houghton do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p67

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p68

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five William Patten of Launceston and Richard Evans of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said William Patten the Sum of Thirty Pounds; and the said Richard Evans the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said William Patten is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said William Patten now Dwells, being the sign of The Hope and Anchor in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said William Patten do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p69

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p70

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five William Frazer of the South Esk and John Daniels of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said William Frazer the Sum of Thirty Pounds; and the said John Daniels the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said William Frazer is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said William Frazer now Dwells, being the sign of The Lamb in the District or Township of Breadalbane from the date hereof until the twenty ninth Day of September 1826. IF the said William Frazer do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p71

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p72

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five James Scott Odeland of Launceston and Mr Archibald Thompson of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said James Scott Odeland the Sum of Thirty Pounds; and the said Mr Archibald Thompson the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said James Scott Odeland is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said James Scott Odeland now Dwells, being the sign of The Black Swan in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said James Scott Odeland do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p73

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p74

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five John Townsend of Long Meadow and Thomas Prosser of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said John Townsend the Sum of Thirty Pounds; and the said Thomas Prosser the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said John Townsend is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said John Townsend Richard Nayler now Dwells, being the sign of The Ship in the District or Township of Launceston from the date hereof until the twenty ninth Day of September 1826. IF the said John Townsend Richard Nayler do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p75

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p76

VAN DIEMEN’S LAND

TO WIT

BE IT REMEMBERED, that on the twenty ninth day of September one thousand eight hundred and twenty five Edward Bailey of Norfolk Plains and William Smith of Launceston came personally before us James Cox, FC Simpson, PS Mulgrave, Esquires.

Justices of the Peace in and for the said Island and its Dependencies, and acknowledge themselves to owe the OUR LORD THE KING; to wit, the said Edward Bailey the Sum of Thirty Pounds; and the said William Smith the sum of Thirty Pounds, of Lawful Money of Great Britain, to be respectively levied of their several Goods and Chattels, Lands and Tenements, to the Use of Our said LORD THE KING, his Heirs and Successors, in Case default shall be made in the Performance of any of the Conditions hereunder written:-

THE CONDITION of this RECOGNIZANCE is such, that whereas the said Edward Bailey is to be licensed to keep a Common Inn, Ale-House, or Victualling House, and to sell Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spirituous Liquors, in the House wherein the said Edward Bailey Richard White now Dwells, being the sign of The South Esk Lower Ferry in the District or Township of Norfolk Plains from the date hereof until the twenty ninth Day of September 1826. IF the said Edward Bailey do keep the Law, in selling Ale, Beer, or other Malt Liquors; or Cyder, Brandy, Rum, Wine, or any other Spiritous Liquors, in his said House and Premises; and shall not permit any Playing at Cards, Dice, or any other Game, in his House or Premises; nor suffer any Person to become Drunk at

p77

Taken and acknowledged, the Day and Year, first above written, before us,

James Cox

H Simpson

PW Mulgrave

p78 and p82

At the quarter sessions held at Launceston

Name of party complained against	charge	Sentence
William Foster	Felony. Stealing a shirt the property of Thomas ??? in binding	Term of transportation extended 2 years
John Moore	Felony. Stealing a shirt the property of His Majesty	Transportation to a penal settlement for three years and hard labour
Luke Free	Felony. Stealing a pair of trowsers the property of Thomas Walsh	Transportation to a penal settlement for three years and hard labour
James Westwood	Felony. Stealing a quantity of wheat the property of His Majesty.	Transportation to a penal settlement for two years and hard labour
John Hardy? Haroly?	Felony. Stealing a pair of trowsers property of Thomas Jenkins	Transportation to a penal settlement for two years and hard labour
James Newman	Neglect of Duty as a Constable	Dismissed from his office
Andrew Cliplene ?? Blisslene ??	Prevarication in his Evidence on the (under binding) of Moses Gilchrist	Deprived of his Ticket of Leave
	At Campbell Town August 24^th 1825
John Brown	Absconding and resisting himself of the service of John Edward Cox, Lower Macquarie.	Transportation to a penal settlement for three years and hard labour

p79 and p81

At the quarter sessions held at Launceston September 5^th 1825

Name of party complained against	Charge –	Sentence
William Kelly	Felony – Stealing a quantity of Tobacco the property of Patrick McDonald	Term of transportation extended 3 years
Joseph Greenop ? and John Lock	Felony – stealing a quantity of tea? (under binding) the property of His Majesty	Joseph Greenop ?transportation to a penal settlement for three years and hard labourJohn Lock Term of transportation extended 2 years

p80

Calendar of Prisoners tried at the Quarter Sessions held at Launceston on Monday ??? (date under binding) December 1825

Prisoner’s names	Felony	Sentence
George Holloway and William Roberts	Stealing a quantity of meat the property of Abraham Walker	Verdict: Not guilty
John Sutherland	Stealing a quantity of meat the property of William Barnes	Transportation to a penal settlement for three years and hard labour
Benjamin Kinks/Jinks/Hinks? and James Weaver	Stealing a quantity of meat the property of Abraham Walker	Of Kinks. Term of…Transportation extended two years and hard labour. Of Weaver. Term of… Transportation extended three years and hard labour
Matthew McHugh	Stealing a quantity of wine and Br… the property of James Roberts…?	Verdict. Not guilty
John Combs	Misdemeanour. Obtaining money and goods under false pretences	Term of transportation extended one year and hard labour
		WJ ParramoreClerk of the Peace

p83

Return of offences heard and determined in the County of Cornwall between 31st day of Dec to the 19^th day of August 1826

Offenders named	If prisoner mark his term of transportation	The name of the ship the offender arrived in	The name of the vessel the offender arrived in at George or Hobart Town	Date of trial, offence, sentence, before whom tried, and by whom employed at the time the offence was committed.
Maria Price	Prisoner			26^th January 1826 for impertinent behaviour. Sentenced to return to the factory for one month by Richard Willis Esq in the employ of Henry Jellico Esq Elizabeth River
William Pitburn	Prisoner			19^th August. For refusing to return to his master and disobedience of orders, 50 lashes, and to work in irons in the fourth class for the space of six months by Benn Horne, Richard Willis, and Samuel Hill Esq in the in the employ of Mr Lewis Gillis Eppindorf, Elizabeth River.
William Johnson	Prisoner			26^th May for neglecting his duty and disobedience of orders and repeated insolence 50 lashes and returned to Government works at Ross by Samuel Hill Esq in the employ of Richard Willis esq Wanstead RICHARD WILLIS JP (signed) Wanstead Park, Bathurst
	RH Willis Clerk to the Bench of Magistrates Campbell Town

p84

Return of Offences heard and determined in the Country of Cornwall between the 11^th of June and 11^th October 1825

# on Police Office Register	Offenders named	If prisoner mark his term of transportation	The name of the ship the offender arrived in	The name of the vessel the offender arrived in at George or Hobart Town	Date his trial, offence, sentence, before whom employed at the time the offence was committed.
	John Foley	FS			11^th day of July for Slaughtering his master’s cattle without his permission committed to Launceston gaol for trial. R Willis and S Hill Esq employment of Mr RW Loane
	William FrappleJames Robinson John Lowe William Murray	Prisoners			4^th day of July. For stealing a quantity of wheat and a sack. To Macquarie Harbour for three years subject to Lieut. Gov Arthurs approval by R Willis and S Hill Esq in the employment of Government at Ross Bridge
Hanah Hiho	Prisoner				23^rd day of July For very indecent and improper conduct returned to the factory by R Willis Esq in the employment of Robert Harrison Esq.
Thos MondayJohn Wheeler	Prisoner				4^th day of August Absconding 25 lashes and returned to Government works by R Willis esq in the employ of W? Massey?
	Wanstead ParkBathurst Richard Willis JP

p85

Return of Offences heard and determined in the Country of Cornwall between the 11^th of Dec and 31^st December 1825

# on Police Office Register	Offenders named	If prisoner mark his term of transportation	The name of the ship the offender arrived in	The name of the vessel the offender arrived in at George or Hobart Town	Date his trial, offence, sentence, before whom employed at the time the offence was committed.
James Churchill	Prisoner				29^th day of October for disobedience of orders and neglecting his duty to be returned to Government works by R Willis JP in the employ of Mr Malcolm Macquarie River
James Plant	Prisoner				11^th day of November for neglecting his duty and insolent language 50 lashes by R Willis and S Hill Esq in the employ of Mr John Mc Cleod Macquarie River
Thomas Davis	Prisoner				23^rd day of Nov for very abusive language and neglecting his duty 50 lashes by R Willis and S Hill Esq in the employ of Mr John Robertson Elizabeth River
	Richard Willis JPWanstead Park Bathurst Feby 8^th? 1826

p86

Ross 27^th March 1825

Dear Sir,

I have had a very great deal of trouble in endeavouring to prevail upon Mr james Reid upon the Macquarie to settle a small amount he is owing to a mason of the name of Cain for seven days work.

You perhaps may recollect for I spoke with you on he subject upon muster day after which Mr Reid made me a second promise to pay the man.

He has called repeatedly for the money but without obtaining satisfaction and latterly Mr Reid has refused altogether to pay any thing,

The grounds of his refusal is that a Ticket of Leave man has not right to exact wages beyond a certain trifle fix’d by the Colonial Regulations.

I have endeavoured to convince him of his error and having? df? himself an ??se to sdopt harsh ssteps have consented to submitting award? to the consideration of a bench by which he is to abide.

Will you therefore relieve me of this troublesome matter by laying it before your bench to their next meeting and signify from their opinion upon the back? of the one? ? laid? award.

I am sorry to give you this trouble but hope you will do it to oblige me. Mr Reid swears to the merino? amongst Daly’s flock.

Enclosed I send you a curious note Mr Eagle received from Mr Forbes respecting two sheep supposed by him to be amongst ?? flocks. This has in my opinion a very mysterious appearance.

Strong? left no sheep whatever in the neighbourhood but when I fix’d my eye upon the young? merino ram and insisted upon knowing when Daley ??? it he after much hesitation said he got it from Henry Strong and seven? or the whole flock being his own.

Strong had long been considered a very dangerous fellow by all the neighbouring settlers and before Mr Forbes merino’s from the Macquarie some things occurring of so mysterious nature that Mr Forbes was informed by? his particular friends with who he was living it was recepay? he m??? –gated certain reports to the prejudice? of Strong and that he must part will?him Mr F to the astonishment of his friends preferred taking offence at? their friendly advice and separated from them.

p87

I received a few days ago a note from Mr Powell respecting one of this pate servants named Clarenhole.

This fellow is a notorious bad character. He was brought before me for insolence and general misconduct upon the 24^th Dec and upon confessing his bad behaviour and furnishing amendment for the future Mr Princell/Powell? consented to pass it over on this occasion. He had no sooner returned home then he decamped with another fellow? to Jericho and was sent back by Mr Gregson.

Upon the 22^nd Jan Mr Princell/Powell? came again with him for making use of most abusive language to? himself and Mr Powell accompanied with virtual threats, which the fellow in a great measure acknowledged and I sent him with a letter to Chief Constable Lawson desiring he would give him fifty lashes and confine him to hard labour for three months.

He would appear from Mr Princell/Powell? letter to me that the fellow destroy’d my letter to Mr Lawson. He appears so very abundant a scoundrel that I particularly recommend him to your notice.

Believe me my truly

Deasin?

Trurm Law????

Rn Horne

p88

his Majesty’s service

PA Mulgrave

Launceston

p89 ‘military password’ in blue crayon

13^th January 1826

cr sign “Ross”

W Balfour

V Colonel

14^th January 1826

cr sign “Wells”

W Balfour

D Col?

15^th January 1826

cr sign “Yarna”

W Balfour

D Col?

16^th January 1826

cr sign “Lynn”

W Balfour

D Col?

17^th January 1826

cr sign “Stroud”

W Balfour

D Col?

18^thJanuary 1826

cr sign “South”

W Balfour

D Col?

19t^hJanuary 1826

cr sign “Ely”

W Balfour

D Col?

p90 1826 in pencil

Cornwall

To Wit

The information of Mr Robert Wales of Launceston in the County of Cornwall Van Diemen’s Land, who being duly sworn saith, I am proprietor of Distilleries and Breweries for the said County; on Tuesday the twenty fourth day of January last I called at the house of John Townsend situated at the Long Meadow in the County aforesaid and desired Mrs Townsend to give me a glass of beer, she drawed me the beer out of a Cask containing about sixty gallons, another cask of about 40 gallons stood beside it, the beer in both casks was in a state of fermentation and working out at the Bungs; I tasted the Beer and found it very different from any made by the licensed Brewers of the County, Mr and Mrs Townsend then told me in the presence of a woman named Agnes Graham that the Beer in the above named casks was brewed by them on the Friday or Saturday previous, that they Brewed very frequently as they sold about one hundred gallons of it every week at a shillings a quart, that they dried their malt in the

p91

oven and substituted hops for a bitter shrub which grows in the bush… In the adjoining room were several persons drinking, amongst them was a man by name Thomas Young a Carpenter employed by John Townsend, a woman named Brennan and Barnard Graham husband of the aforesaid Agnes Graham (a servant of Thomas Thomson Esq of Launceston aforesaid), Thomas Young asked some person whom came in to take some beer and he (Young) immediately desired Mr Townsend to bring him a quart of beer, I saw Mrs Townsend draw off a quart of beer from the sixty gallon cask and deliver it to Young she placed it on the table where the parties were drinking. I went away and on the following day again went into John Townsend’s House and learned from the aforesaid Thomas Young that he had frequently paid Townsend a shilling a quart for his beer and that he had very frequently seen Mrs Townsend brewing the beer which she publicly sold at a shilling per quart, Young was not aware of my motive for asking him the questions I did, I endeavoured to make him think that I

p92

I asked out of mere curiosity.

On my going away I desired a man named John McKnight who acted as a Clerk to Townsend to pay a shilling to Townsend for the Beer I drank as Knight had to pay me some money. Knight said he would do so in the presence of Townsend and when Knight came into Launceston a day or two afterwards to pay me money, he deducted the shilling saying he had paid that amount to Townsend for the beer I drank.

The said John Townsend having no licence to Brew Beer for Public sale I therefore pray that justice may be done.

Robert Wales (signed)

Inspector of Distilleries and Breweries

Sworn before me at Launceston this (Space) of February 1826

(unsigned)

p93

? and Townsend

Brewing without a licence

February 1826

p94

George Town 4 Dec 1829

Sir

Rowland Morton being sworn states – that I am Master of the Schooner SPECULATOR bound to Hobart Town. Mr Graves was a passenger on board the vessel. She was at anchor at Kelsalls Bay on the 2^nd instant. Mr Graves and myself had been on shore on that day and returned on board about sunset. Mr Graves was under the influence of liquor. I went to bed about 9? o clock. Mr Graves was in the cabin he then appeared quite well. The following morning I saw him apparently sitting on the deck, the mate was endeavouring to move him, when he told me Mr Graves was dead. I got out of my berth immediately and found that he was dead – there had been no quarrel on board – he had been vomiting.

Rowland Morton (Signed)

Sworn before me at George Town

4^th December 1829

W Kenworthy

p95

Matthew Mc Gee being sworn states that I am Mate on board the Schooner Speculator Mr Graves was a passenger on board – the vessel was at anchor at Kelsall’s Bay near George Town on the 2^nd instant. Mr Graves and the Master of the vessel went on Shore on that day. They returned on board again in the afternoon. Mr Graves was a little intoxicated. I was busy getting the vessel under weigh at the time. Mr Graves was in the cabin in the evening – he then appeared to be quite well – about 10 o clock he had a glass of spirits – I had occasion to go on deck. There was some spirits on the table which I desired the Steward to take away – so that Mr Graves might not drink it. I went to bed about i/2 past 10 o clock. Mr Graces was then sitting on the locker asleep. I desired him to go to bed but he would not – the following morning about 5 o clock I got up. Mr Graves was then lying on the cabin floor. I did not take much notice of him at the time – but went on deck – on my return to the cabin shortly afterwards

p96

seeing him still lying in the same place I went to him to waken him – I then perceived that he was dead. There had been no quarrelling or fighting on board

Mathew Whae (self signed shaky hand)

Sworn before me at George Town

4^th December 1829

William Kenworthy

Michael Mullins being sworn states that I am a steward on Board the Schooner Speculator. She was at anchor in Kelsall’s Bay on Wednesday last. Mr Graves was a passenger on board. Mr Graves and the master went on shore that Day and returned in the afternoon. Mr Graves was in Liquor when he came on board. I did not hear him complain of being unwell. I gave him some spirits in the Evening – he drank about two glasses. There was some left in the cup which I returned into the bottle by order of the mate. When I went to Bedd Mr Graves was sitting on the Locker talking to the Mate. I sleep in the Cabin. I did not see him again until the next morning he was then lying on the Cabin floor. I thought he was asleep and went to awaken him – his back was towards me. I endeavoured to lift him up but found he was dead – he had been vomiting. When I went to Bed he was sitting on the larboard side – in the morning he was lying on the Starboard side – There had been no quarrelling or fighting on board – The spirits that I put into the bottle was there in the morning.

Michael Mullin

Sworn before me at George Town 4 th December 1829

Wm Kenworthy

John Smith of being sworn states that I am assistant surgeon at George Town. I was called upon on the morning of the 3^rd instant to proceed on board the Schooner Speculator at anchor at Kelsall’s Bay. On going onboard I went into the cabin and then saw Mr graves sitting on the cabin floor. I looked at the body and saw there were no marks of violence on it. I then had it put into a board and brought it on shore to the hospital.

I laid open the Head and found that his death was occasioned by the rupture of a blood vessel on the right side of the Head. There were no marks of violence on any part of the Body. I am clearly of opinion that he died of an attack of sanguineous apoplexy.

Sworn before me at

George Town 4^th Dec 1829

Wm Kenworthy

John Smith

Apt Surgeon

p97 20 in pencil on top left

PLAINT In the court of requests FOR LAUNCESTON DISTRICT

VAN DIEMEN”S LAND

TO WIT

Twenty first day of October 1831

John Fawkner of Launceston

Agent complains that George B Skardon

Gentleman of Norfolk Plains District at Little Hampton

is indebted too the said John Fawkner Junior

in the sum of one pound four shillings and nine pence for Advertising his cattle

the particulars of which are hereunder written which he refused to pay to the Damage of the said

JOHN (signed)

of Pounds 1.4.9

therefore brings this suit

Particulars of demand

Launceston Dec 31 1830

Lieut Skardon

to John Fawkner Junr Dr

To Quarterly subscription to the LAUNCESTON ADVERTISER

TO 1 advertisement for cattle astray 4 insertions total 1.4.9

p98

Launceston Jan 11 1834

Sir

I have the honour to request I may be furnished with wholesale licence to wines and spirits – for the year 1834 –

I am only acting as aninstpcl? in Sales of wine, K; and not having a store of my own, I shall for the present store my goods in the houses instore, known as the Black Flore on the wheast?, consisting of a pound flour? and an upstairs room on left

I have the pleasure to be

Sir

Yr Obed. Servant

Henry Dowling

p99 152/11/1

Colonial Secretary’s Office

4^th January 1834

Sir,

I am directed by the Lieutenant Governor to inform you that twenty five convicts are to be placed under the orders of Captain England who is proceeding in pursuit of Bushrangers, and are to be selected as follows.

1. A proportion, if such are willing to come forward, of convicts holding conditional – emancipation and are desirous of obtaining free pardons.
2. Convicts holding tickets of leave and are desirous of obtaining conditional pardons.
3. prisoners proposing good characters who are desirous of obtaining tickets and
4. Such convicts who have lately arrived, in the colony and are desirous of being placed in the police after the expiration of the service, whichally called upon to perform.

The Chief Constable Magistrate.

p100

Men of these several classes will be carefully selected by the Board of Assignment or by Captain England himself whilst in the interior, and as these men are to be assumed it is of great important that those only who may be trusted should be allowed to volunteer.

You will have the goodness to notify to the Police Magistrates at Campbell Town Launceston and Norfolk Plains the service on which the party is to be employed, which will embrace not only the Capture of the Convicts illegally at large, which is the first consideration, but the destruction of the Wild Dogs so far as circumstances will allow :-

(Signed) J Burnett

p101

4 In????? 1834

Colonial Secretary

25 men to be employed under Captain England in pursuit of the Bushrangers and wild dogs.

Chief of police forwarded copy of the communication received from the Colonial Secretary to the Police Magistrate in Launceston for his information and guidance

p102 1838 Guilford in pencil Guildford (1) 1812 ??

ISLAND OF VAN DIEMEN’S LAND

TO WIT

POLICE OFFICE

HOBART TOWN

TO Mr Joseph Morgan

Chief Constable , all other Constables and to the Keeper of the House of Correction at Hobart Town in the said island

Whereas Joseph Canby

was this day duly convicted before me William Champ Esquire one of the Justices of our Lady the Queen assigned to keep the Peach of our said Lady the Queen in and for the said Island and its Dependencies, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said Island committed. For that he on the 21^st day of June instant and on divers days before that day placed himself in a public place at Hobart Town aforesaid to gather alms.

contrary to the form of the Statute in such case made and provided, and was by me adjudged to be committed to the House of corrections at Hobart Town aforesaid, there to be kept to hard labour for the space of one week.

These are therefore to command you the said Constables to convey the said Joseph Canby to the said House of correction and him deliver to the Keepers therefore together with the Warrant. And I do hereby command you the said Keep to received the said Joseph Canby into your custody in the said House of Correction and him there safely keep to hard labour for the space of one week

And for so doing this shall be your sufficient Warrant.

GIVEN under my Hand and Seal at Hobart Town aforesaid this Twenty Second day of June in the year of our Lord One thousand eight hundred and thirty eight

M Champ

(Commitment of a Rogue and Vagabond)

p103 1839 in lead pencil Convict Ship ANSON in purple pencil

ISLAND OF VAN DIEMEN’S LAND

TO WIT

PRISONERS BARRACKS, HOBART TOWN

To the Superintendent of New Town Bay Hulk

To Constable William Mann

Whereas Cornelius Mahoney No 1330 per ship NORFOLK was on the Thirtieth day of September 1839 duly convicted before the Principal Superintendent and RC Gunn Esq two of Her Majesty’s Justices of the Peace, acting in and for the said island and its Dependencies, of Stealing a pair of shoes the value of eight shillings, otherwise with receiving the same knowing them to be stolen and sentenced to have his existing term of transportation extended twelve months which sentence the Lieutenant-Governor has confirmed and directed that he be removed to New Town Bay Hulk Chain Gang.

NOW these are therefore to require you, the said Constable, to convey and deliver the body of the said Cornelius Mahoney to the Superintendent of the Hulk Chain Gang at New Town Bay and you, the said Superintendent, are hereby required to receive him into your custody to be dealt with according to the said sentence, for which this shall be to you a sufficient Warrant and Authority.

Given under my Hand and Seal at Hobart Town, this

first day of October 1839

HR Emmett [unreadable]

p104

[back of above]

Rationed to date at this establishment

same unreadable signature

p105

ISLAND OF VAN DIEMEN’S LAND

TO WIT

POLICE OFFICE

Green Ponds

11 March 1839

3 months addition

To Lieut Baker JP Bridgewater and Mr Daniel Callighan, Brigton

District Constable of the said Island and to all Constables and other in the said island whom it may concern.

WHEREAS Cornelius Mahoney (Norfolk)

George Saiter/Dayter? (Royal Soverign)

and

Joseph Roche (Peacock)

on the third day of November instant before me F Mainwaring Esq. JP duly convicted of gross misconduct and sentenced six months hard labour in chains each.

are now ordered by His Excellency the Lieutenant Governor to Bridgewater chain gang until the pleasure of His Excellency the Lieutenant Governor be known

THESE are therefore in Her Majesty’s name to command you and every of you the said Constables to forthwith convey and deliver them into the custody of the Superintendent aforesaid.

and you the said Superintendent are hereby required and commanded to receive the said Mahoney, Daiter, and Roche to be dealt with according to the said sentence

Given under my hand and Seal at Green Ponds aforesaid this third day of October

in the year of our Lord one thousand eight hundred and thirty eight.

Signed

Mahoney No 1 ward

Denlow No 2 ward

Peacock No 3 ward

6 months each

3 Nov 1838

(prisoner’s remove warrant)

p106

[back of above]

Rations at Green Ponds ?? ?? ?? for the 4^th and 5^th of Nov 1838

F N???non

Rationed at Brighton for the 6^th November 1838

John Trenby Raner

p107

ISLAND OF VAN DIEMENS LAND

TO WIT

POLIC OFFICE

Bridgewater

To the Superintendent of Bridgewater Chain Gang and to Mr Joseph Morgan

Chief Constable of the said Island and to all Constables and other in the said Island whom it may concern

No 1330 Police Office Register

WHEREAS Cornelius Mahoney was on the 11^th day of March instant

duly convicted of misconduct in having two pairs of trousers in his possession which he could not satisfactorily account for and sentenced to have his existing sentence to hard labor in chains extended three months.

He is now ordered by His Excellency the Lieutenant Governor to serve the said sentence in Bridgewater Chain Gang

These are therefore in Her Majesty’s Name to command you and every of you the said Constables to forthwith convey and deliver him into the custody of Superintendent of the said party and you the said Superintendent are hereby required and commanded to receive the said Cornelius Mahoney to be dealt with according to the said order

GIVEN under my HAND and Seal at Bridgewater aforesaid this 21^st day of March in the year of our Lord one thousand eight hundred and thirty nine

RO Baker

p108

duplicate of above page

p109 [names] 1840 in pencil

Brazil	John	Guildford	Lomas	John	Henry Tanner
Bennett	Joseph	Lady Hennaway	Lloyd	William	Exmouth
Bowyer or Bolster	Timothy	Fairlie	Lyons or W Webster	Charles	Marian Watson
Brown	John	Hercules	McDonald	John	Coromandel
Byrne	Lawrence	Sophia	McGennes	John	Asia
Carely	Charles	Governor Ready	McGuirk	Peter	John
Cheshire	William	Asia	McGoverall or McGivern	George	John
Claydon	Thomas	York and Norfolk	McLeod	John	Guildford
Collins	Daniel	Norfolk	McLaughlin	John	Westmoreland
Connor	Thomas	Norfolk	Merchant	John	St Michael
Corcoran	John	Portland	Martin	George	Surrey
Daley	James	Charles Kerr	Mill	Michael	Governor Ready
Dalton	John	Cambridge	Peck	Stephen	General Skiarch
Darcy	Michael	Calcutta	Pender	John	Mangles
Diegan	John	Mangles	Perry	Joseph	Marquis Huntley
Driscoll	Andrew	Layton	Pilbean	James	KS Forbes
Elliot	James	Lloyds	Quigley	Patrick	John
Featherston	Robert	Camden	Ryan	Patrick	Florentia
Fitzpatrick	William	Waterloo	Smith alias Ranson	William	Surrey
Fleua	Peter	Bengal Merchant	–	–	–
Flowers	Charles	Neptune	Sweeney	Edward	James Pattison
Gaffney	Patrick	Royal Admiral	Sweetlaw	James	Argyle
Gallagher	John	Hadlow	Thomason	John	Persia
Gowenlock	Joseph	Henry Tanner	Thornley	John	Mermaid
Hagon	Tobias	Charles Kerr	Trichorn	Henry	Midas
Hurst	John	Hercules	Williams	Thomas	Fame
Jones	Charles	Lloyds	Williams	William	Elizabeth
Jones	John	Strathfieldsay	Woolley	Robert	Susan
King or Jones	John or James	General Skiarch	Young	William	Hyporcher
Lahey	Robert	Norfolk	Young	Richard	Forth
Leonard	John	Hercules

JGN [initialled]

p110

POLICE DEPARTMENT

ISLAND OF VAN DIEMEN’S LAND

TO WIT

Police Number 1488

Ship to this colony Lord Lyndoch /3/

Original sentence – 14

Trade plasterer

To the keeper of Her Majesty’s Gaol at Hobart Town the Superintendent of the Prisoner’s Barracks at Hobart Town the Chief Constable, and all District, Division and Petty Constables of the said Island, and others whom it may concern

WHEREAS at a General Quarter Session of the Peace Holders on the

Fourteenth day of August inst at Hobart Town aforesaid

Larsen Roberts was duly convicted of Housebreaking and sentenced to be transported beyond the seas for the terms of his natural life

he is now ordered by his Excellency the Lieutenant-Governor to be sent to Port Arthur for three years severe discipline and conduct to be reported

THESE are therefore in Her Majesty’s name to command you and every of you the said Constables forthwith to convey and deliver him into the custody of the said superintendent who is hereby required and commanded to receive the said Larsin Roberts to be dealt with according to the said order

Given under my hand and seal at Hobart Town aforesaid this thirtieth day of August in the year of our Lord one thousand eight hundred and forty one.

Hitinter ?? [signed]

(Prisoner’s Remove Warrant.)

(Quarter Session)

p111

ISLAND OF VAN DIEMEN’S LAND

TO WIT

Police Office

Spring Bay

To Mr Edward Rainsford District Constable and to the keeper of the House of Correction at Hobart in the said Island of Van Diemen’s land and to each of them

WHEREAS John Cleasby / labourer / John Barry

has been brought before us two of Her Majesty’s Justices of the peace for Van Diemen’s Land and its Dependencies, charged upon the Oat of Francis Austin Esq with Having on the 4^th or 5^th Day of August absented himself from his Lawful and paid service and convicted and sentenced to be imprisoned in the House of Correction Hobart Town there to be kept at Hard Labour for the Callender Month.

THESE are to command you the said Constable forthwith to convey and deliver into the Custody of the said Keeoer of the Said House of Correction the Body of the said John Cleasby and you the said Keeper and hereby required and commanded hereupon immediately to receive the said John Cleasby into your custody in the said House of Corrections Him there in your Custody securely to detail and keep until he shall have completed such sentence

GIVEN under our Hand and seals as Spring Bay this third day of September in the Year of our Lord, one thousand eight hundred and forty one

John Appan ?

Hobbs

p112

[back page of above]

Spring Bay 4 Feb 1841

Rationed at the Station for 3 and 4 Instant

Mr B Illes DC

Rationed at this station to any for the seventh day of September

rationed at Richmond for the 8^th Sept 1841

E Rainford DC

PO Cooper’s Plains

5/9/41/

p113

prisoners remove warrant

POLICE OFFICE New Norfolk

ISLAND OF VAN DIEMEN’S LAND

TO WIT

Police Number

Ship to this colony

Original sentence

Trade

To the Superintendent of the Prisoners Barracks at HOBART TOWN

the Chief Constable, and all District, Division and Petty Constables of the said Island, and others whom it may concern

WHEREAS

no 703 Isaac Long Circassian, 1835 Alex McBean Circassian, no 150 George Dickens Elizabeth, no 2432 William Branton Asia 4, no 1652 Dennis Murphy Marion Watson, no 576 Francis Hall Lieu G Webster, no1835 Berryle Carey Waterloo, no ??27 James Ross Runnymede, no 49 Garrett Neale C Forbes, no 302 Richard Edson Lord Lyndoch, no 2362 Henry Betfield Layton 2, no 2253 John Clarke Minerva 2, no 540 Phillip Kelly Henry Porcher

a convict was on the

24^th day of August

at New Norfolk

in the said island before

Thomas Mason Esq

ONE of her Majesty’s Justices of the Peace in and for the said island and its dependencies duly

ordered to be removed to the Prisoners Barracks Hobart Town for assignment

He is now ordered by His Excellency the Lieutenant Governor

THESE are therefore in Her Majesty’s name to command you and every of you the said Constables forthwith to convey and deliver THEM into the custody of the

SUPERINTENDENT OF THE SAID PRISONER’S BARRACKS

who is hereby required and commanded to receive the said CONVICTS

to be dealt with according to the said ORDER

Given under my hand and seal at NEW NORFOLK

aforesaid this 24 DAY OF AUGUST

in the year of our Lord one thousand eight hundred and forty ONE

THOMAS MASON [signed]

(Prisoner’s Remove Warrant.)

(COMMON)

P114

[BACK OF PREVIOUS PAGE]

???? Party New Norfolk 24^th August 1840

Rationed here to this date inclusive

W Macquire

Superintendent

The twelve Prisoners herein mentioned were Rationed at Bridgewater from the 25^th August 1841

Thomas M Ward Storekeeper

p115

DAILY STATE OF THIS ESTABLISHMENT

PRISONERS BARRACK HOBART TOWN

9 NOVEMBER 1841

TOTAL OF YESTERDAY RECEIVED:

	CLERKS	OVERSEERS	ARTIFICERS	MESSENGERS	WATCHMEN	LABORERS	TOTAL
TOTAL YESTERDAY	20	6	141	57	17	744	474
RECEIVED	“	“	“	“	“	24	24
TOTAL	20	6	141	51	17	768	1003
DISCHARGED	“	“	“	“	“	34	34
TOTAL AS ABOVE	20	6	141	51	17	734	694 469

P116

PARTICULARS OF MEN RECEIVED

NO	NAME	SHIP	REMARKS
2667	Hall John	Ann [5]	From govt garden? of 3 mo
2274	Smith john	Sky parcher?	Gaol New Norfolk for am
1365	Morris walter	Layton [2]	“ ?gang
86	Varney? thomas	mangles	Do jp? gang
2356	Clarkam john	Minerva [2]	Gaol of Launceston for nooo?
2777	Harvey? Lewis?	Duncan	Gaol Richmond
1036	Shannon Will?	Bus M S?	Gaol Richmond
1645	Melville Alex	Moffatt [2]	An/n Both
1382	Miller Thomas	Norvalle	W Wilkinson ?????
1439	Metcalf Ephrahim	L Lyndoch [2]	Ticket of Leave Richmond
600	Edward Richard 2	Layton [3]	Arth stropful?
434	Fish Robert	Smithworth [1]	New Town Hulk
950	Flowers? Will?	Mary Hastings	New Town Hulk
1581	Smith John Joseph Lawyer	York [2]	New Town Hulk
2043	Cook William Tof L ?? Lawyer	Lord Lyndoch [2]	New Town Hulk
1752	Campbell RobertR Lawyer	John Barry	PB Launceston
687	Taylor Samuel brickmaker	Georgian [2]	PB Launceston
881	Allison Benjamin Printer	Mary Hasting	PB Launceston
1075	Thomas William Blacksmith	Susan	PB Launceston
1428	Marr John	L Lyndoch [2]	PB Launceston
1024	Dohan/Doren Charles	Mangles	Gaol AvocaFor TS gang
454	Lovell James?	Ly Harwood	Gaol Oatlands for PW
738	Roshan? Thomas	Nly Anderson?	CT Gaol for
851	Andersen William	MA Watson	Orphan School

P117

PARTICULARS OF MEN RECEIVED

no	name	ship	remarks
3492	Brown james	Ma Watson?	off
869	Frazer alex	neptune	off
1017	Donald james mc	George 3	Cleveland ??
2240	Campbell w	recovery	off
1077	Wilding Robert	Mantus?	off
2799	Brown John	Neptune	off
3075	Shipley William	N Watson	off
1373	Pawley Robert	Sky Porcher	Bushranger
1950	Winsow James	Norfolk
2392	Clough John	coromandel
1532	Coe Daniel?	Enchantress	Prison?R party
987	Thomas James	L Lyndoch [2]
50	Ireland Thomas	Georgiana [1]
1389	Wilkes Joseph	Gilmore [1]
919	George William	Enchantress
2078	Williams peter	Ann [4]
1364	Trigg Thomas	Abercrombie
1340	Risely? Lewis?	Elphinstone
2662	Shufflebottom? Samuel?	Pyramis?	Oatlands chys?
2137	Clark richard	eden	Oatlands chys?
3096	Rilner ? benjamin	canton	Oatlands chys?
877	Tallantyne richard	L Kennaway	Glenorchy RPy
2193	Harrigan? Daniel	?? Charlotte??	Glenorchy RPy
3474 or 3494	Breen Patrick	MAA Watson?	Rubys Ford Rpy
2191	Burrows Tom?	Aug/ Lima?	W Smith ret
109 or 104	Youlla Nicholu	Crommidge?	Mr Solomon? ret
564	Flood John	Georgiana	Constable police
2094	Chafton? Mil?	Anson	Indansom ret?
2841	Basker ? John	Moffatt [3]	Captain Lloyd Sandy Bay
2395	Sharpe Mich?	Elphins Hs? [8]	In Thos Chaffey Sandy Bay
2735	Coe Charles	Lt Raffles	Browns Rivulet

p118

[back of above page]

851 or 857	Anderson William	Ma Watson	Mr n Larkin? new town
950	Fleur William	Mary Chas Kings	constable police
1042	Mason Thomas	circassian	Absconded reported

MORNING STATE OF PRISONERS BARRACKS’

HOBART TOWN

9^TH NOV 1841

P119

WARRANT OF COMMITMENT

[RLUF in pencil]

POLICE ART

WARRANT OF COMMITMENT

ISLAND OF VAN DIEMEN’S LAND

TO WIT

TO Mr Joseph Morgan

chief constable of the said island to all other constables and others whom it may concern and to the keeper of her Majestys House of Correction at Hobart Town jointly and severally

WHEREAS

JAMES TALBOT

of Hobart Town in the said Island was on rhe first day of March instant at Hobart Town in the said Island duly convicted before me

James Thomson esquire

on of HER Majesty’s Justices of the Peace in and for the said Island and its dependencies of having on the twenty seventh day of February last past been drinking in a public street at Hobart town aforesaid and I the said Justice did in pursuance of the Act in such a case made And provided, intituled “an act to regulate the Police in certain towns and parts within the island of Van Diemen’s Land to make more effective provisions for the preservation of the Peace and good Order throughout the said Island and its Dependencies generally.

P120

duly award order and adjudges that the said James Talbot should for such offence forfeit and ay the sum of five shillings to go and be distributed as in and by the said Act is provided

and WHEREAS it appears to me the said Justice upon the confession of the said James Talbot that he hath no goods or chattels to levy distress upon for the payment of the said fine and WHEREAS the said JAMES TALBOT has neglected to pay the said sum of money or either of them into the hand of me the said Justice and the same still remain wholly unpaid. There are therefore to require you and each of you the said Constables or one you immediately to convey the said JAMES TALBOT to the said House of Correction and deliver him to the said Keeper thereof together with this precept. And you the said Keeper and hereby commanded thereupon to receive into your custody, in the said House of correction

p121

the said JAMES TALBOT there safely to keep and detain in such custody at hard labor for the space of three days unless in the meantime the whole of the said sum of money shall be duly satisfied and for your so doing this shall be to you and each o you a sufficient warrant and authority

Given under my hand and seal at Hobart Town this first day of March one thousand eight hundred and forty one

James Thomson

p122

[1841 in pencil]

POLICE DEPARTMENT

ISLAND OF VAN DIEMEN’S LAND

TO WIT

Police Number no 1555

Ship to this colony Argyle

Original sentence 7/3/1 yrs

Trade Soldier

To the keeper of His majesty’s Gaol and Hobart Town the superintendent of the Prisoner’s Barracks at Hobart Town

the Chief Constable, and all District, Division and Petty Constables of the said Island, and others whom it may concern

WHEREAS the general session of Oyer and Terminer and Gaol delivery on

24^th day of July last past at Hobart Town aforesaid JOHN BLAKE was duly convicted of Burglary and sentenced to be transported beyond the seas for the term of his natural life

he is now ordered by His Excellency the Lieutenant-Governor

to be sent to port Arthur for five years and his conduct to be reported

THESE are therefore in Her Majesty’s name to command you and every of you the said Constables forthwith to convey and deliver him into the custody of the

SUPERINTENDENT

who is hereby required and commanded to receive the said

JOHN BLAKE

to be dealt with according to the said SENTENCE AND ORDER

Given under my hand and seal at HOBART TOWN

aforesaid this TENTH DAY OF AUGUST

in the year of our Lord one thousand eight hundred and forty ONE

M FENTON? [signed]

(Prisoner’s Remove Warrant.)

(Quarter Session)

P133

[1841 in pencil]

prisoners remove warrant

POLICE DEPARTMENT

ISLAND OF VAN DIEMEN’S LAND

TO WIT

Police Number no 2611

Ship to this colony EGYPTIAN

Original sentence 7 yrs

Trade Carpenter

To the keeper of His Majesty’s Gaol and Hobart Town the Superintendent of the Prisoner’s Barracks at Hobart Town

the Chief Constable, and all District, Division and Petty Constables of the said Island, and others whom it may concern

WHEREAS the general session of Oyer and Terminer and Gaol delivery on

24^th day of July last past at Hobart Town aforesaid GEORGE WRIGHT was duly convicted of LARCENY and sentenced to be transported beyond the seas for the term of seven years

he is now ordered by His Excellency the Lieutenant-Governor

to be sent to port Arthur for two years and his conduct to be reported

THESE are therefore in Her Majesty’s name to command you and every of you the said Constables forthwith to convey and deliver him into the custody of the

SUPERINTENDENT

who is hereby required and commanded to receive the said

GEORGE WRIGHT

to be dealt with according to the said SENTENCE AND ORDER

Given under my hand and seal at HOBART TOWN

aforesaid this TENTH DAY OF AUGUST

in the year of our Lord one thousand eight hundred and forty ONE

M FENTON? [signed]

(Prisoner’s Remove Warrant.)

(Quarter Session)

p134 1845 in pencil

Wm/Mr Hatton ?

James? Ivans?

Information on oath of Mr Witticombe states on Wednesday the two prisoners were employed in Brick making and in the evening or between that and Thursday morning the brick mound and the whole set of boards were gone. Yesterday morning Alford who has had charge of the field reported the circumstance. The prisoners have been cautioned to bring their tools down every night.

E Witticombe (shaky signature)

Sworn and subscribed before me this 18^th day of July 1845 in the presence and hearing of Hatton and Ivans

p135

Police and Gaol

Van Diemen’s land

Launceston Police Department

HER MAJESTY’S GOVERNMENT

TO Samuel Page

1850 – 26 Sept.	Coach fare from Launceston to Hobart Town for seven prisoners in custody of two constables at rate of 1’ per mile per man 120 miles	6 pounds	15 shillings
	George Gordon ASIA;John Smith PALMYRA; 28^th Sept. James Gifford L COM BERDWICK; James McKinlay RAMILIES; John Jenks WOODFORD; William Streets EGYPTIAN; Thomas Woodward DAVID CLARKE	Coach fare for return of two sonstables to station from Hobarton to Laucneston atr 3/4per man per mile1 pound	10 shillings
	For expenses incurred by Constable John Breen in escorting seven prisoners from Launceston to Hobart Town on the 26^th sept 1854? ??1breakfast 1/6; 1 dinner 2/; O supper 1/6; O breakfast 1/		6/
Amounting to		8/5 received from Peter Frazer esq, Col. Treasurer
Being the amount of the above Account of particulars, and for which I have signed Duplicate Receipts of the same tenor and date.

p136

FEMALE SERVANT’S AGREEMENT

29 Dec 1859

MEMORANDUM OF AGREEMENT made this day between OL Lawrence Esq of Launceston of the FIRST PART, and Emma Nursery ? an Emigrant to the Colony of Tasmania of the SECOND PART, THE CONDITIONS are,theat the said PARTY of the SECOND PART engages to serve the said PARTY of the FIRST PART as a general servant for the term of six months aand also to obey all his or her authorised Agent’s lawful and reasonable commands during that period; IN CONSIDERATION of which services the said PARTY of the FIRST PART doth hereby agree to pay to the aid PARTY of the SECOND PART Wages at the rate of Twenty five pounds for? and to provide her with board and lodging. WAGES to be paid Quarterly.

IN WITNESS WHEREOF they have mutually affixed their Signatures to thei Document

Esmer Hispary?

p137

POLICE OFFICE

HOBART TOWN

TASMANIA

TO WIT

To the Superintendent of Police Hobart Town

and to all constables in the Colony of Tasmania, and to the Keeper of the Gaol at Hobart Town of said colony

WHEREAS James Poore alias Guyatt was this day charged before me one of Her Majesty’s Justices of the Peace foe this Colonuy on the Oath of William Morley pf Hobart Town Detective Constable and others, for ttheat he did in the tenth day of January 1862 at Hobart Town ab?????? b???????? and knowing utter dis????? of our put off a finer order for the payment of money total the sum of four pounds sixteen shillings with intent then and there to fraud William Clarke of Hobart Town aforesaid.

and committed for trial/

These are therefore to command you the said Constables to take the said James Poore alias Guyett and him safely to convey to the Gaol at Hobart Town aforesaid and there to deliver him to the keeper thereof together with this precept and I do hereby command you the said keeper of the said gaol to receive the said James Poore or Guyatt into your custody in the said gaol and there safely keep him until he shall thence be delivered by due course of law,.

Given under my hand this tenth day of January 1862 at Hobart Town in the Colony aforesaid

N Lacthc??? JP

(no. 151, Warrant of Commitment . (R.1.)

(“The Magistrates Criminal Procedure Art”)

p138

[back of above page]

Fully committed

10 January 1862

Pooer James (alias Gurjatt John) FBS 10 years.

Abou Rec

House Servant

age 35

R& W.P + S

rec’d 7 Jan 1862

p139

POLICE OFFICE

RICHMOND

TASMANIA

TO WIT

To the Sub Inspector of Police and to all constables in the Colony of Tasmania, and to the Keeper of the Gaol at Hobart Town in the said colony

WHEREAS Phillip Casey was this day charged before me one of Her Majesty’s Justices of the peace for the Colony on the Oath of FRANCIS STOKELL of Black Charles Opening

and others, for that the said Phillip Casey on the 12^th day of December 1861 at Black Charlie’s Opening in the Municipality of Richmond in this Colony did unlawfully and indecently assault a certain female Maria Stokell and did then seye? hold of and pull up the clothes of the said Maria Stokell and did then otherwise ill treat the said Maria Stokell and other wrongs to her then did against the form of the statue in such case made and provided against the peace

These are therefore to command you the said Constables to take the said Phillip Casey and his safe to convey to the gaol and Hobart Town aforesaid, and there to deliver him to the keeper thereof together with this precept; and I do hereby command you the said keeper of the said gaol to receive the said Phillip Casey into your custody in the said gaol and there safely keep him until he shall be thence delivered by due course of law

Given under my hand this sixteenth day fo December 1861 at Richmond in the Colony aforesaid

John Coverdale JP

(No. 151, Warrant of Commitment, (R.1)

“The Magistrates Criminal procedure Act”)

p140

[back of above page]

Fully committed

16 December 1861

Casey Phillips

FBS 7 years

Wm Jardinell

Labourer

aged 39

not R&WW C-S-

Rationed at Richmond to out for the 18^th Dec 1861

Mr Gates?

W.H.K

p141

POLICE OFFICE

HOBART TOWN

TASMANIA

TO WIT

To the Sub Inspector of Police and to all constables in the Colony of Tasmania, and to the Keeper of the Gaol at Hobart Town in the said colony

WHEREAS Richard McCable was this day charged before me one of Her Majesty’s Justices of the peace for the Colony on the Oath of Alfred Stokes? of New Town in the Police Department of Hobart

and others, for that he did on the 24^th day of December 1861 at Glenorchy in the Police District of Hobart aforesaid feloniously steal and taken away a Bay Horse of the value of twenty pounds the propery of William Brown of Hobart Town in Tasmania and Committed for trial.

These are therefore to command you the said Constables to take the said Richard McCable and his safe to convey to the gaol and Hobart Town aforesaid, and there to deliver him to the keeper thereof together with this precept; and I do hereby command you the said keeper of the said gaol to receive the said Richard McCable into your custody in the said gaol and there safely keep him until he shall be thence delivered by due course of law

Given under my hand this twenty eighth day of January 1862 at Hobart Town in the Colony aforesaid

N Cantilly? JP

(No. 151, Warrant of Commitment, (R.1)

“The Magistrates Criminal procedure Act”)

p142 [back of above page]

received 25 Jany 1862

Fully Committed

25 January 1862

McCable Richard

TL 10 Years

Ratcliffe 2

labourer

aged 29

R&M c & S

p143

POLICE OFFICE

BELLERIVE

TASMANIA

TO WIT

To the Walter James Bellette Superintendent of Police Clarence and to all constables in the Colony of Tasmania, and to the Keeper of His Majesty’s Gaol at Hobart Town in the said colony

WHEREAS Thomas Hales was this day charged before me E Abbott Esq one of Her Majesty’s Justices of the peace for the Colony on the Oath of Walter James Bellette Superintendent of Police Clarence

and others, for that he the said Thomas Hales did on the 21st day of January last feloniously embezzle a claim monies to wit seven pounds four shillings the property of his master Charles Magengast

These are therefore to command you the said Constables to take the said Thomas Hales and his safe to convey to the gaol and Hobart Town aforesaid, and there to deliver him to the keeper thereof together with this precept; and I do hereby command you the said keeper of the said gaol to receive the said Thomas Hales into your custody in the said gaol and there safely keep him until he shall be thence delivered by due course of law

Given under my hand this twenty fifth day of January 1862 at Bellerive in the Colony aforesaid

E Abbott

(No. 151, Warrant of Commitment, (R.1)

“The Magistrates Criminal procedure Act”)

p144 [back of above page]

received 25 Jany 1862

Fully Committed

25 January 1862

Hales Thomas

F by S 7 years

Lady Raffles

Butcher

age 44

R&M P.M.

End of this bound volume 3

ms 3251 1821-1844 box 1 vol 2

Posted on October 23, 2009 | 2 comments

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:

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 4^th 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 4^th day of September 1821

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

James Cox JP (Signed)

Launceston July 13^th 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

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

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

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

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

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

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

24^th 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 23^rd 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 31^st 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 4^th Sept
11	William Cooper			1 29^th sept
12	Robert Wright			H 30^th sept
13	Thomas Williams			12 2^nd 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 19^th 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		9^th 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

23^rd Oct 1824

p25

POLICE OFFICE LAUNCESTON

EXTRACT FROM THE BLACK BOOK

2^ND 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 29^th	Do do and disobed of orders 5 0 lashes
		Feb 10^th 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 1^st 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 8^th 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 5^th 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 6^th 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 7^th 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 48^th 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 1^st 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 25^th 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 8^th 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 10^th 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 11^th 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 14^th 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 21^st 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 17^th 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 21^st 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 22^nd 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 22^nd 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 13^th 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 24^th 1823

Anne Grant assigned servant to Major McLeod charged with being drunk and disorderly on Friday and Saturday the 18^th and 19^th 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)

Talisker Donald McLeod ?-1838 arr.27 Nov 1820 Major 56th Breadalbane
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 3^rd of April to answer to the charge.

Launceston 29^th 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 3^rd 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 23^rd 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 1^st may 1823

Nathaniel McKeridge (F)

David Daley (F)

charged with being out after hours last night

reprimanded

p58

Launceston 2^nd 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 25^th? 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 18^th 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 19^th 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 20^th 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 12^th 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 28^th 1823

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

reprimanded

p67

Launceston 22^nd 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 24^th 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 25^th 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 17^th 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 17^th inst.

acknowledge the charge

fined 10 shillings

p70

Launceston 26^th 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 28^th February 1823

Robert Boyand supposed free/Baring/Emu/7/ charged with being absent on the 6^th 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 1^st 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 3^rd 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 7^th 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 5^th 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 8^th 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 9^th 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 12^th Feby last. The Deposition of Edwd French given on the 29^th 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 3^rd of March to the 5^th 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 10^th 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 4^th 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 15^th 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 16^th 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 17^th 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 18^th 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 12^th 1823

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

plea guilty

25 lashes

Launceston March 13^th 1823

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

p87

Launceston March 14^th 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 15^th 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 17^th 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 18^th 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 1^st 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 1^st 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 19^th 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 48^th 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 1^st 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 1^st 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 1^st Bench of Magistrates to be holden at Laucneston in April next himself in £50 and two sureties of £25 each.

p107

Launceston 26^th 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 21^st 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 1^st 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 24^th March 1823

James Gilchrist /Surry 1^st/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 27^th 1823

Andrew Winchester (Constable) 228/life/Guilford

charged with neglect of duty on the night of Tuesday the 19^th 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 28^th 1823

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

Launceston 29^th 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 8^th 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 31^st 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

p118

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

p119

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 30^th 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

p120

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

p121

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

p122

Launceston 4^th 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 2^nd February laast

plea not guilty

John Fuller sworn saith, on Sunday evening the 2^nd 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

p123

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

p124

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 48^th 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 14^th 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 5^th 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.

p125

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

p126

Launceston 6^th 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

p127

Decision

the prisoners are acquitted of the charge

Launceston 10^th 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

p128

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 8^th 1823

John Butler 585/life/Fredk/E Henrietta

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

reprimanded

p129

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

p130

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.

p131

Launceston 11^th 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.

p132

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

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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 2^nd 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 29^th 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 3^rd 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 22^nd 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 22^nd 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 21^st 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 3^rd 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 4^th 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 18^th 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 31^st 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

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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

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Woolmers Lake River 23^rd Jan 1824

The information on oath of Mr Jas Reid who saith on Wednesday last eh 21^st 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 23^rd

Jany 1824 Thomas Archer esq

James Reid (signed)

Woolmers , Lake River, 26^th 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 26^th 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

26^th 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

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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 9^th 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

p149

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 10^th July 1825

Thos Archer

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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 20^th 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

p152

seal

On his Majesty’s Service

Thos Archer Esq J.P.

Woolmers

p153

Woomers,Lake River, 25^th 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

p154

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

p155

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 28^th inst at Launceston

Thos Archer JP

Memo

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

p156

Ayres v Holmes

25^th January 1825

G A Esq JP

28^th Jan 25

decided 29^th Jan 1825

p157

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 8^th 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 18^th 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 10^th 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

p160

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

p162

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 20^th 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

p164

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

p166

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

p167

I pound? forged by Mr William Carey snr 19^th 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

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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

p197

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 10^th 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

p198

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

p199

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

p200

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?)

p202

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?)

p203

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

p204

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

p205

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

p206

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

p207

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

p208

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

p209

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

p210

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

p211

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

p212

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

p213

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

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

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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

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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

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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

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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 12^th 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

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 23^rd 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 13^th 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

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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 21^st day of October 1826

PA Mulgrave JP

p240 [watermark paper – STAINS & CO 1822]

William Hoadley (Handley?)

Henry Strong

Handley and others

Bushrangers

25^th 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 16^th 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

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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

p250

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

Wm Morgan (signed)

A const 40^th 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

p251

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

p252

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

p253

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

p254

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

p255

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

p257

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

p258

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

p260

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

p261

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)

p262

Sworn before me at Launceston this sixth day of October 1826

PA Mulgrave JP

p263

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

p264

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

p265

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

p266

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

p267

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

p268

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

p269

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

p270

The information on oath of John Glancey a Private in His Majesty’s 40^th 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.

p271

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.

p272

The information on oath of Daniel Kilpatrick a private in His Majesty’s 40^th 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

p273

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

24^th August 1827

Information respecting

Thomas Hadley

Turnkey at the Gaol

Accused of getting drunk whilst on duty

p275

inserted slipping from The Sydney Morning Herald Saturday May 17 1930

back page of shipping news

A PHANTOM CHURCH: Ugly Prisons Crumbling

T MACDONALD

p276

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

p277

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

p278

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

p279

Information of Joynes, Burton and Gardiner vs Fortuné Guillois

31^st July 1824

decided 7^th August

p280

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

p281

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.

p284

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

p285

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

p286

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

p287

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

p288

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

p289

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

p290

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

p291

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

p292

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

p293

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

17^th February 1827

p299

June 27^th 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 15^th 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 27^th June 1827

Memorandum of Agreement made and entered to this 27^th 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 27^th 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

p307

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

p308

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

p310

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

p314

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 30^th 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 30^th 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 30^th 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 29^th 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 29^th 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

p342

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

p344

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

p345

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

15^th 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 40^th 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 40^th 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 20^th 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 5^th 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

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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

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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

29^th 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 40^th 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

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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 40^th 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

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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 40^th 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

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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

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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

p399

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

p400

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

p401

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

p402

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

p404

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

p407

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

p409

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

p411

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

p413

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

p416

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

p417 (copy doc)

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 14^th 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 24^th 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 11^th 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 17^th of that month to plough for Mr Lette and lodged in the same Hut with me until the 24^th of that month on the 30^th of that month he returned and took away all the articles in the Hut belonging to him in a bundle on the 29^th 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 2^nd or 3^rd 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 29^th of march and missed on the 2dn and 3^rd of April when William Thomas came for his things on the 30^th 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 30^th of March there was nothing belonging to Thomas laying near my razors when I saw them on the wall plate on the 29^th of March – This razor is the fellow Razor to that I missed on the 2^nd or 3^rd 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

16^th 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 16^th 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 31^st 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

p457

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

p458

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

p459

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

p460

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

p461

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)

p462

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

p463

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.

p464

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

p466

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.

p467

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.

p468

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

p469

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)

p470

The information on oath of Charles Corrigan a convict in the service of the Crown at Launceston who saith on or about the 7^th 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

p471

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

p472

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.

p473

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 21^st day of October 1829 and read to the Deponent in the presence and hearing of William Watson

James Gordon (signed)

p474

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 24^th of October 1829

James Gordon (signed)

p475

Plea William Watson

decided 24^th 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 25^th 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 11^th? 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 8^th June for the goods being sent out of stock and to three o clock pm 8^th 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

26^th 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

26^th 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 14^th 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

30 April

P Rund formerly Martha Harrington

Royal Admiral 1^st 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??

18^th may

Mr Price applies to have the two women in his service promised to ?? Clay

James Morrison??

7 May 1844

Recommended

MF Ridley

p502

Convict Department

Registrar’s Office

16^th 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 15^th April 1843

James Morrison

Registrar

Sentenced on 31^st 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

17^th 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

24^th 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 19^th 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)

ACT
TO AMEND THE ACT LATELY PASSED FOR THE

MORE PERFECT CONSTITUTION

COURTS OF GENERAL QUARTER SESSIONS

AND TO PROVIDE FOR THE

MORE EFFECTUAL PUNISHMENT

AND

CONTROL

Transported and other Offenders

HOBART TOWN:

HALL, PRINTER, ARGYLE STREET,

1839.

End of transcription of volume 2

2 Comments

Posted in 1

ms 3251 1827-1828 box 1 vol 1

Posted on October 23, 2009 | 6 comments

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):-

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 15^th day of January 1827

Witness Wm Archer Jnr

Signed [actually signed by]

Edward Fuller [in large and shaky handwriting]

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 22^nd day of Jan 1827

James Cox JP

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 30^th 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

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

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

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

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.

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

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 30^th 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

20^th 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 17^th February 1827 James Bellane a Corporal in the 40^th Regiment charged with assaulting Mr Richard Heaney on the 12^th 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 16^thday 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 16^th 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)

1^st May

p44

Thos Archer Esq

John Hodgetts

Harbouring convicts

24^th April 1827

dismissed 5^th 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

23^rd 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

p49

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,

p50

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

p51

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

p53

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

p54

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

p55

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)

p56

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)

p57

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

8^th 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.

p61

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 .

p62

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

p63

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

p64

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

p65

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 14^th 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

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

p66

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

p67

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

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 14^th 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 14^th or 15^th 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

p100

copies of informations on Charles Williams

sent originals to A.G.

p101

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’

p102

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

p104

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

p105

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

p106

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)

p107

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 31^st day Jany 1828

PA Mulgrave

p108

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

p109

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

p111

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

p112

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

p113

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 12^th 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

p114

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

p115

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

p117

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

p118

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

p119

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

p121

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

p122

about ten mionutes and returned with only one Gun bringing with five kangaroo dogs.

James Searles

Before me this 9^th 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 24^th 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

8^th 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

p125

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

p128

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

p130

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

p133

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 16^th 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 10^th 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 11^th instant and delivered it to the Police Magistrate on the 12^th instant

John Dunnon

Sworn before me at Launceston the 30^th 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 30^th 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

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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

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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

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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 12^th 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 15^th 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 11^th 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

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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

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The information on oath of Lieutenant Fitzherbert Coddington who deposeth and saith I was in search of Bushrangers yesterday morning the 11^th July accompanied by Lieutenant Serjeantson and a party of the 40^th 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 40^th 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 111^th 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 11^th 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 12^th 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

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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

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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 11^th 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.

15^th/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

15^th 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 23^rd 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 28^th 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 12^th 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 9^th 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 11^th 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 9^th 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 27^th 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 14^th 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 40^th 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 14^th 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 36^th 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 13^th 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 43^rd 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

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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 40^th regiment who saith, I was pay serjeant to Robert Petty Stewart who was a Captain in the 40^th 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 24^th 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

29^th 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

p242

Thomas W Massey

Cow and Calf

December 1828

(Campbell Town in pencil)

p242

Police Office

Campbell Town 29^th 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

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Manuscript 3251: Van Diemen's Land 1821-1862

ms 3251 1837-1851 box 2 vol 5

ms 3251 1834-1837 box 2 vol 4

ms 3251 1829-1833 box 2 vol 3

ms 3251 1826 box 2 vol 2

ms 3251 1822-1825 box 2 vol 1

ms 3251 1825-31 box 1 vol 4: “Black Natives” – also Paton vs Gregson

ms 3251 1821-1862 box 1 vol 3

ms 3251 1821-1844 box 1 vol 2

ms 3251 1827-1828 box 1 vol 1

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