NEW SOUTH WALES IN 1812. |
NOTE:-
THIS INFORMATION WAS GATHERED BY KEN HENDERSON FROM THE ARCHIVES, WHO HAS DECIPHERED IT FROM AN EXTREMELY BAD PHOTOCOPY. SOME OF THE WORDING ON THE PHOTOCOPY WAS INDECIPHERABLE.
KEITH HENDERSON.
FIRST CASE.
ROBERT SMITH CHARGED WITH FELONIOUSLY STEALING , TAKING AND DRIVING AWAY ONE SHEEP, VALUE TWENTY SHILLINGS, PROPERTY OF REVEREND SAMUEL MARSDEN ON 23.9.1812.
VERDICT: NOT GUILTY.
THOMAS ANDERSON, ROBERT ANDERSON AND THOMAS DALLY CHARGED WITH FELONIOUSLY RECEIVING THE SAME KNOWING IT TO BE STOLEN.
VERDICT: NOT GUILTY.
SECOND CASE.
THOMAS HENDERSON AND ROBERT HENDERSON CHARGED WITH FELONIOUSLY STEALING ONE SOW, VALUE TWENTY SHILLINGS, PROPERTY OF REVEREND SAMUEL MARSDEN.
THIRD CASE.
JOHN TINDALL CHARGED WITH FELONIOUSLY STEALING A QUANTITY OF CLOVER SEED AND GRASS SEED & RYE GRASS SEED. VALUE OF TEN SHILLINGS. PROPERTY OF REVEREND SAMUEL MARSDEN.
THOMAS ANDERSON CHARGED WITH FELONIOUSLY RECEIVING THE SAME KNOWING IT TO BE STOLEN.
FRIDAY THE 6TH DAY OF NOVEMBER, 1812.
On this day, the court met pursuant to adjournment , and the court proceeded to assign the following prisoners on the informations exhibited and filed against them, who severelly pleaded as follows:-
Thomas ANDERSON 1st information Not guilty
Robert SMITH, Thomas ANDERSON, Robert ANDERSON and Thomas DALLY were put to the bar of the court. The first charged with feloniously stealing and taking and driving away, one sheep the price of twenty shillings of goods and ch of the Reverend Samuel Marsden at the Field of Mars on the 23rd September, 1812, and the three others charged with feloniously receiving the same knowing it to have been stolen.
Patrick SHARRY sworn and examined for the prosecution says,
THE PRISONERS AT THE BAR DECLINED ASKING THE WITNESS ANY QUESTIONS.
John RAMSAY sworn and examined for the prosecution says, I am a Constable of the District of Field of Mars. About the 28th or 29th of September last, the last witness (Patrick Sharry) came to me and told me that there were some practices going on at his master's place that might hurt himself hereafter if he did not bring them to light. He said it was sheep stealing & that there was one carcase of Mutton there. I told him to go home immediately and that I would be after him. I accordingly followed him to Anderson's house and took with me Alexander McDonald and Isaac Archer. We went to the house where we found Anderson's woman. Neither of the prisoners were there. Then I asked her if she had any objections to my searching the house without any warrants & she said she had not. I searched the house as carefully as I could but could not find any mutton at all. We then went up to the barn and at the barn door on some corn husks there we found some fresh blood and also on the doors. On searching further on the outside of the bran we found a place where the paunch of some grass animal had been opened & emptied. We did not see any of the entrails, but only the grass that was turned out of the paunch. We did not see any particular marks inside of that barn. I ordered Sharry home. He came and I put him under the care of McDonald.
I told Sharry he must go to Parramatta. He said it was all owing to Smith that he was going to gaol & he would not go to gaol for him. I left the woman and Sharry in McDonald's care. And Archer & I went & took Smith. We found him with Mr. Marsden's flock. Took Smith & the sheep to Mr. Marsden's stock yard and I then there countered over the sheep three times. I do not now recollect the number, but Smith said it was the correct number he had in charge. We then took Smith, Anderson's woman & Sharry into Parramatta. That evening there was a warrant issued to apprehend the Anderson's and Dally. I and another Constable apprehended Thomas Anderson at his own house that night. I did not apprehend Anderson or Dally. I was present at part of the examination of the prisoner before Mr. Durie at Parramatta. I afterwards went to Anderson's farm in consequence of some information received & in a hole under a rock apparently made for the purpose. I found a deal of wool & sheep skins rotten, rotten bones & other parts of sheep. I never knew Anderson or Dally to have sheep of their own. I believe the things now shewn me are part of what I found in that hole. I heard a good many complaints, especially the loss of sheep in the neighbourhood.
Questioned by the prisoner SMITH, says, I cannot stress that wether the wool
now shewn me belongs to a sheep that died naturally or was slaughtered.
Questioned by the prisoner ANDERSON, says, To the best of my opinion it was
between seven & eight O'clock at night when I took the prisoner Thomas Anderson into custody. But I cannot positively say he did not show any reluctance at all to go with me. He asked me to be allowed to stay at home that night, and go to Parramatta in the morning. I gave him that indulgence, leaving a Constable with him all night. I have known Anderson several years in the district. During my knowledge of Anderson, no regular complaint was ever loged against him.
Isaac ARCHER sworn and examined for the prosecution says,I live in the District of the Field of Mars. I recollect going with Ramsay sometime in the latter end of September to the house of the prisoners Anderson and Dally. I assisted in searching the house, but did not find anything particularly about the house. The barn door was bloody at the bottom & there was a considerable quantity of blood under it, intermixed with dung and rubbish under that. It appeared to me as if some animal had been hung apon at the door. The blood was quite fresh. The emptying of the paunch was there and that very fresh and green.
I really did not think from those circumstances that it was a sheep which had been hung there.
Questioned by the prisoner ANDERSON says, I will not swear positively that it wasa sheep's paunch, the emptying of which I saw there , but to the best of my judgement it was. I have known the prisoner Thomas Anderson eight or nine years. I have not known anything dishonest of him that I can positively say. I live at the next farm to him.
Reverend Samuel MARSDEN sworn and examined for the prosecution says, I have a farm in the District of the Field of Mars, joining that of Anderson. I had a flock of sheep there in September last. They were under the
care of Robert Smith the prisoner. I did not know that they were counted after the muster& previous to the apprehension of the prisoners. They were counted by my directions previous to the muster by John Palfrey, my overseer. Palfrey made a separate return of Smith's flock to me. The number of the old sheep in Smith's flock was returned to me 324. The sheep were lambing at the time. I ordered Palfrey to count them immediately after the apprehension of the prisoners. He made a return to me of 322 old sheep remaining, besides a ram he brought with him. According to his return, there was one ewe missing from the time they were counted by him before the muster to the time they were counted by him after the apprehension of the prisoners. During that time Smith did not make any return of casualties to me. It was the duty of the overseer (Palfrey) to make a report to me of any accident. But the overseers do not always do so.
Questioned by the prisoner SMITH, says, Palfrey lives at the south creek
that is seventeen or eighteen miles from Smith's flock.
Questioned by the prisoner ANDERSON, says,I have known Thomas Anderson
fourteen years. I cannot say in point of fact that I have known anything dishonest of him during that time. I have no such legal knowledge as I cannot check to apon my oath.
John PALFREY sworn and examined for the prosecution says, I am Mr. Marsden's overseer. The prisoner Smith had the care of a flock of sheep belonging to Mr. Marsden at his farm near Parramatta.I counted Smith's flock previous to the muster & he was one sheep short. This was about three weeks before this offence happened. I have counted them since this offence happened. He had then 323. I brought one away and thi made 322. That was his right normal number. He accounted for one that was missing before by saying that he thought it had dropped into one of the creeks. He said he never could tell what became of it.
Questioned by the prisoner SMITH says, Smith reported to me that he had
dipped the sheep the day before I went to count them before the muster. There is no other flock of sheep at Mr. Marsden's brush farm besides that under the care of Smith. During the time that Smith was under me, I had nothing against him. He always made his counting good to me.
Questioned by the prisoner ANDERSON says, I think it was twelve years next
June since I have been at Mr. Marsden's. I have known Anderson during that time. I had no dealings with him. No further than with my stock. I never lost my sheep through him. I frequently had them on his ground.
NO FURTHER EVIDENCE IS CALLED IN SUPPORT OF THE PROSECUTION.
THE PRISONERS CALL THE FOLLOWING WITNESSES IN THEIR DEFENCE,
BUT DO NOT ADDRESS THE COURT OR PRESENT ANY WRITTEN STATEMENT OF THEIR DEFENCE FOR THE CONSIDERATION OF THE COURT.
Charlotte TINDALL sworn and examined for the prisoner SMITH, says, I live at Mr. Marsden's brush farm. The prisoner Smith did live there. I saw him go out of the house at eight O'clock and went up a ladder that leads to a room where he sleeps. He came in with his sheep at six O'clock. I was certain he was home from the time he brought hos sheep in on the 28th September last until eight O'clock when I saw him go up the ladder.
William COX esquire sworn and examined for the prisoner Thomas ANDERSON, says, I have known the prisoner Thomas Anderson for twelve years. I have known very little of him for the last five or six years. I occupied a farm in the district where he lived and let him some ground. Both him an Dally occasionally employed the both. I had always had a very good opinion of him during that time. I had a very good opinion of Dally. He was as hard a working man as I ever knew. I never knew anything dishonest of either.
Mr. Roland HASSALL sworn and examined for the prisoner SMITH, says, I have known the prisoner Smith about 5 years. But I have known nothing of him for the last two or three years. Prior to that he behaved in general as a servant ought to do.
THE PRISONERS DECLINED CALLING ANY FURTHER EVIDENCE.
The Court having retired and naturally considered the evidence, adduced as well on the part of the prosecution as on the part of the prisoners do adjudge that the said Robert SMITH, Thomas ANDERSON, Robert Anderson and Thomas DALLY are not guilty of the felony in manner and form as is by the said information charged against them.
Ellis Bent J.A.
Thomas HENDERSON otherwise called Thomas ANDERSON, and Robert HENDERSON, otherwise called Robert ANDERSON are brought to the bar charged by another information withn feloniously stealing one sow of the price
of twenty shillings of the goods & chattels of the Reverend Samuel Marsden.
Thomas HARLINGTON sworn and examined for the prosecution says,
I was Government man to the prisoner Thomas Anderson & have been so more than two years. As near as I can recollect about nine months ago, a stray sow same to Anderson’s farm. It was a bracket sow, short tail, a black and white sow. It did not belong to Anderson. Anderson and I and the boy, by Anderson’s desire, drove it into one of Anderson’s styes by the boy. I mean the prisoner Robert Anderson. Next morning Thomas Anderson ordered me and the boy to take it to Sydney to keep at Tommy O’Neale’s till such time as we went to his other farm. Thomas Anderson gave me a bushel of corn along with one purpose to keep it. The boy and I accordingly brought this sow to O’Neale’s & a smaller pig of the boy’s with it. We brought it down by water in Anderson’s boat and gave it to O’Neale. We then returned to Anderson’s. Anderson asked if we had left it safe, we told him yes. The next day John Tindall, Mr. Marsden’s overseer met me and inquired if I had seen the sow.He described the sow to me & I knew it to be the same sow I had taken to O’Neale’s. I told Tindall I had not seen it. I was desired by Thomas Anderson not to tell anyone where it came from. Nor to mention anything about it. I have seen the sow lately at the Court House at Parramatta. It is now at the door of the Court. The sow now at the door is the same sow that strayed to Thomas Anderson’s farm, and that I took to O’Neill’s by Thomas Anderson’s desire. It is the same sow that Tindall described to me as Mr. Marsden’s. When it first came to Anderson’s I did not know it to be Mr. Marsden’s. It was about sun down when it came, and I did notice it whilst morning, and then I knew it to be one of a herd of Mr. Marsden’s pigs which occasionally came down to Anderson’s farm. I think it was worth twenty shillings. Anderson had pigs of his own at the time.
THE PRISONERS DECLINED ASKING THIS WITNESS ANY QUESTIONS.
Thomas O’NEALLE sworn and examined for the prosecution says, I live in Pitt Street. I know the last witness Thomas Harlington. I am acquainted with the prisoners. About five months or better, Thomas Harlington came to my yard with a large pig on his back, & some one else brought a small pig & a good deal of corn was left. I asked Harlington what he was going to do with the pig. He said he should trouble me with it for a few days & that he should like to have a boar for her as she was of a good kind. I understand that the other was to sell. He did not tell me he was sent by his master. I did not see Robert Harlington with him. But he might have been there. I thought it was Anderson’s, but I did not jog my memory about it. I kept this sow from the time that Harlington brought it until it was taken up to Parramatta about ten or eleven weeks. I believe the sow now at the Court door is the sow Harlington brought me.I often applied to Harlington to take it away. He said as soon as he had got a fence at the lower farm he would take it away & I should be well satisfied for any trouble. The lower farm is mine, but I allowed Anderson to have part of it. I mean Anderson, Dally and the man Parry was all cultivating. There was corn left for this sow from time to time by Harlington.
Questioned by the prisoner said, I did not think the prisoner’s son’s pig
was with me more that a week before it was taken away.
Charles WALKER sworn and examined for the prosecution says, I am Mr. Marsden’s Steward. I am positive the sow at the Court door is the property of Mr.Marsden’s. Twelve or fourteen months ago Mr. Marsden had an English sow. She had a litter of pigs, ten in number. Two of the ten were light, the others dark. About six or seven months ago, one of the pigs, this very pig had the staggers on account of which I cut half of its’ tail off & the tail is now in the state I left it. That is the reason I can swear to it. A short time after we missed the pig & I never saw it more until I saw it at Parramatta.
James DOGHERTY sworn and examined for the prosecution says, I have the care of Mr. Marsden’s pigs. The sow at the door is Mr.Marsden’s.It is between four or five months ago since he lost it. There is no particular mark about it, but the tail of it being cut & the left ear, I am satisfied it is the property of Mr. Marsden. I think it is worth twenty shillings.
THE PRISONERS DECLINED ASKING THE WITNESS ANY QUESTIONS.
THE CASE WAS NOW CLOSED FOR THE PROSECUTION.
THE PRISONERS DO NOT PRESENT ANY WRITTEN ADDRESS OR SAY ANY THING TO THE COURT IN DEFENCE, BUT CALL THE FOLLOWING WITNESSES.
Samuel GRIFFITHS who being sworn says, I live in Sydney near the new wharfs.
I bought a female pig from Robert Anderson three months ago to-morrow. I bought it in the publick market. A man standing close by the man said he had another to dispose of. It was Thomas Anderson’s man. He had not the sow with him. I told him I do not want it. I did not see the sow this man offered to sell me. Because it was not in the market. The boy said he knew nothing of it. Harlington is the man who offered to sell me that sow.
Ambrose BURNSIDE sworn & examined for the prisoners says, I know Thomas Harlington. About five months ago, he came to me and told me he was going down to a new farm and asked me if I would give him leave to have a sow at my house & he would leave plenty of corn for him, that he had no way of keeping the sow at the new farm. I asked him whether the pig was his own or his masters. He said that his master knew nothing about it. That the pig was his own & that he meant to breed off it. He told me if I would take her to the hogg that I should have half the litter for doing so. I told me I had plenty of pigs of my own and had no occasion for anything of the kind. I never saw the pig. He said it was an English brached sow. The prisoner never asked me to keep anything of the sort for him or his son.
THE PRISONER HERE CLOSED HIS DEFENCE.
THE COURT HAVING RETIRED AND MATURELY CONSIDERED THE EVIDENCE PRODUCED AS WITH ON THE BEHALF OF THE PROSECUTION AS ON BEHALF OF THE PRISONERS, DO ADJUDGE THAT THE SAID THOMAS ANDERSON US GUILTY OF THE FELONY WHEREWITH HE STANDS CHARGED, AND THAT THE SAID ROBERT ANDERSON IS NOT GUILTY OIF THE FELONY WHEREWITH HE STANDS CHARGED. AND DO FURTHER ADJUDGE THAT FOR THE SAID OFFENCE HE, THE SAID THOMAS ANDERSON SHALL BE KEPT TO HARD LABOUR AT HIS MAJESTY’S SETTLEMENT AT NEWCASTLE FOR THE SPACE OF THREE YEARS.
THE WAY THAT WORDS WERE WRITTEN ON THE ORIGINAL HAS BEEN TYPED EXACTLY, INCLUDING SPELLING MISTAKES.
THE PROCEEDINGS OF THE COURT OF CRIMINAL JURISDICTION RECORDED ON REEL NO. 2390 VOL. 1120 PAGES 185-207.
INDICTMENTS RECORDED ON REEL NO. 2391 PAGES 21, 22, 25, 26, 49 AND 50.
VERDICT: THOMAS GUILTY. SENTENCED TO THREE YEARS TO BE SERVED AT NEWCASTLE.
ROBERT, NOT GUILTY.
VERDICT: GUILTY. SENTENCED TO TWELVE MONTHS TO BE SERVED AT SYDNEY.
VERDICT: GUILTY SENTENCED TO TWO YEARS TO BE SERVED AT NEWCASTLE.
Robert ANDERSON 1st information Not guilty
Thomas ANDERSON 2nd information Not guilty
John TINDALL Not guilty
Robert SMITH Not guilty
Thomas ANDERSON 3rd information Not guilty
Robert ANDERSON 2nd information Not guilty
Thomas DALLY Not guilty
Daniel THURSTON Not guilty
Charles CLEAKE Not guilty
Mary KELLY Not guilty
George GUEST Not guilty
I was a Government man to Thomas Dally. He lives at the Field of Mars.
He and Thomas Anderson are partners in the farm there. As they told me they both lived together on the farm. On the 28th September last, Robert Smith , who is Mr. Marsden's Sheppard, came down to Henderson's and remained nearly half an hour. This was in the evening between six and seven. As he was going from Henderson's homewards, I follow him. He went across the rivulet and I saw him take up a sheep that was on the other side of the hill. He came over the hill rivulet again with the sheep on his back, and went in another direction, towards the barn belonging to Anderson, and I kept aside to let him pass. Before he got to the barn, I saw Thomas Dally and Robert Anderson come out of the house with a lighted lamp and went off straight to the barn before Robert Smith with the sheep. I saw all three go into the barn. Thomas Anderson came out of the house and said something to Dally before he went up with the lamp. Then he made a noise at the barn. In about five or ten minutes after I saw Thomas Anderson go up to the barn. He stayed there about a quarter of an hour, and came down to the house and went in and went to bed. After that I went up to the barn to see what they were doing, and through the crevices I saw the prisoners Dally and Smith shearing the sheep and Robert Anderson holding the candle. I came down to the house then and went into my own room adjoining the house, still looking up at the light at the barn. I stood there till the Parramatta drums beat for eight O'clock & I then went to bed. I did not see any of the three come out of the barn. Robert Anderson and Dally lie in the barn. The next morning Thomas Dally called me out of bed before day light, and was sent down by him with a load of lumber for the other farm to the riverside. At my return they had breakfast ready and did not go down with the other load until after breakfast.
I went down to the riverside with a second load. They followed me down immediately to the waterside, and at my return home I took a couple of cups of tea. I left both the Hendersons at the wharf. They sail'd of before I left the wharf. I went up to the barn to see how it was, but I saw no sign of anything, but a paunch turned out and some blood on the doors. I came down to the house to get some corn to grind, and Anderson's woman was gone out & I looked up into a Porter cask, and saw half a sheep.
The hind part wrapt up in cloth. I went to a box in the same room & opened it. It was unlocked and I saw the fore part of a sheep with a plate on it. With a sheep's heart and liver on it. I went to grind corn for bread and when I had nearly done, Robert Smith came down. He passed by the door of the place where I was grinding and went into the house. I followed him immediately and he was not there. I asked Anderson's woman where Smith was and she said he did not delay two minutes and went off. On the same day I went to the District Constable Ramsay. I saw him & told him what I had seen. I then returned to Anderson's. Ramsay followed me to Anderson's. I was then in the field working. Ramsay sent for me to the house and said he had searched high and low, but could not find the mutton. Anderson's woman was then hard by, but I do not think she could hear him say it. Anderson has not any sheep of his own, nor Dally that I ever saw. I do not believe that they have any sheep at all. Smith then lived at Mr. Marsden's brush farm. It is just joining Anderson's. Mr. Marsden's is nearest to Parramatta. The rivulet I spoke of is the one rivulet or run of water between the two farms. I saw Smith take up a sheep but cannot tell whether it was dead or alive. It appeared to me to be tied. There is an avenue of peach trees from the rivulet to Anderson's house & I concealed myself behind these. The barn is on the hill above the house about 10 or 15 rods.
Questioned by the Court, says, I am the wife of John Tindall. He is in custody on a charge of felony on the prosecution of Mr. Marsden.
He lived at the brush farm.
THE COURT ADJOURNED UNTIL THE MORROW.
SATURDAY THE 7TH DAY OF NOVEMBER, 1812.
THE COURT MET IN PURSUANT TO ADJOURNMENT WHEN THE COURT ORDERED TO THE BAR
John TINDALL charged with feloniously stealing a quantity of Clover seed and grass seed & Rye grass seed of the value of ten shillings of the goods and chattels of the Rev. S. Marsden on & at and Thomas ANDERSON charged with feloniously receiving the same knowing it to have been stolen.
Thomas HARLINGTON sworn and examined for the prosecution says, About three or four months ago I was Government man to the prisoner Anderson. I recollect being sent about that time by him to the prisoner Tindall for some grass seed. I cannot tell the time nor the month. The prisoner Tindall lived at Mr. Marsden’s brush farm near Parramata. I took a bag by Anderson’s orders to Tindall & told him I was to receive some grass seed from him. I did not mention the kind of grass seed. It was just at night. Tindall said, very well. He took a light and went into the fowl house & I went with him & his wife held the light. When I got to the fowl house I held the bag whilst Tindall put in the seed from a large cask. He filled the bag about three parts full. I suppose there might be such a thing as a bushel and a half. When Tindall gave it and he said he could spare me no more. I did not stop there about half an hour. I then returned to Anderson’s with the bag of seed. I saw Anderson that night & told him I had got the grass seed. Anderson said, very well. I must let it bide whilst morning. I left it in the rushes. Anderson said the next day to me that he had a small Calibash with some Clover seed in it, that he had got from Tindall out of some bottles in a cupboard, and that he would put the grass seed I brought in a cask & the Clover seed with it and head it up. I saw him put the grass seed in the cask. The Calibash of Clover seed in it and head the cask up. I should know the cask again if I were to see it. It was a smallish cask. The cask is now in Court.
THE CASK IS NOW SHEWN TO THE WITNESS, WHO SAYS IT IS THE SAME CASK THAT HE SAW HENDERSON PUT THE CLOVER & GRASS SEED IN.
The grass seed I got from Tindall was a mixture of Rye grass and Clover. I was with Ramsay the Constable when he came to search Anderson’s house & when he found the cask. Ramsay opened the cask in my presence. Kelly the Constable was also there. He found some grass seed and putting his hand a little way in the cask he found the Calibash with Clover seed in it. This is the real truth. I have lived with Anderson two years last March. Anderson has never made any complaints of me, not have I had any fallings out with him. I gave information the day before the examination of Anderson before Capt Duric. I just gave information to Mr. Oakes, Chief Constable of Parramatta. I solemly swear that I did not do this from any---or malice against Anderson or Tindall.
Questioned by the prisoner Tindall, says, I never was left in charge of Mr. Marsden’s brush farm before Tindall came to it. Last Xmas I was employed to mow two acres of grass seed on that farm by Mr. Marsden. John Cowley overseeing the place was spreading the grass, and e left the keys of the house door with his jacket on the poling. Cowley went away and told me that if any person came, to tell them where the keys were.
Questioned by the prisoner Anderson, says, I cannot tell how long Cowley was away at this time. He was not away at this time, as much as two hours. I do not know where Cowley went.
John RAMSAY sworn and examined for the prosecution says, I am District Constable of the Field of Mars. I recollect going to search Anderson’s house twice. The last time I searched it was some time in the early part of October. At this time I was directed to a cask by Harlington. The cask was in the kitchen on the left hand as I went inside the doors. Harlington told me there was some grass seed in it & in the middle a Calibash with some Clover seed in it. I opened the cask. It was headed up. I examined for the Calibash that he told me was there and I found it agreeable to his information. I found English grass seed in the cask. I think there was about a bushel and a half in the cask of grass seed. I put every thing again the same way as I found it, and headed the cask up. I left the cask in charge of a man there. The day after, I had the cask brought to my own house. I ordered it into Parramatta, where it was taken to Mr. Oakes. It was opened in Parramatta before Capt Durig on the examination of the prisoner. When it was opened there, I found it the same as I headed it up.
THE CASK BEING IN COURT IS SHEWN TO THE WITNESS, WHO SAYS IT IS THE SAME CASK. THE CASK IS OPENED AND THE CONTENTS EXAMINED BY THE TWO LAST WITNESSES, WHO SAY THAT THE CALIBASH IS THE SAME THAT THEY HAVE SPOKEN OF. THE WITNESS RAMSAY SAYS ALSO IT APPEARS TO CONTAIN THE SAME SAMPLE OF SEED. THE WITNESS HARLINGTON SAYS HE BELIEVES THE GRASS SEED TO BE THE SAME HE BROUGHT FROM TINDALL BY ANDERSON’S DESIRES.
The Reverend Samuel MARSDEN sworn and examined for the prosecution says, The prisoner Tindall and his family have the indulgences of living at my farm near Parramatta. He cultivates some ground there for himself. He has no wages from me. Abvout three or four months ago I had some English Clover seed and other grass seed at my house there. I cannot say Tindall had charge of it. It was in a large cask in my store room there. Tindall had the key of the place & the means of access to the store room. It was formerly locked but wether it is so now, I cannot say. I do not live there myself. I had some Clover seed by itself in large glass bottles in a cuoboard in the house. The prisoner Tindall had access to this cupboard. It was in his bedroom. The seed in the cask was a mixture of Clover seed and Rye grass. I had raised this seed myself. I have misssed a considerable quantity from the cask and also some from the bottles. I put the Clover seed in the bottles before it was perfectly dry, in consequence of which it lost it’s colour. The seed in the cask before me is a mixture of Rye grass and Clover. It is in every aspect the same discription of seed as that in my cask, and I believe it to be mine for I saw it inspected after it was threshed. The seed in the Calibash produced is Clover seed & had turned brown & is in every aspect like that I lost. I believe it to be mine. I believe it to be the same cask and seed I saw at Parramatta on the examination of the prisoners.
Questioned by the prisoner Tindall, says, About six weeks ago I wanted some grass seed to sow. I went to my farm expecting to have a considerable quantity, but I found the cask nearly empty. I had taken some out of the cask before several times but I still expected to find two or three bushels. I found several bushels short at that time. I had sent my servants occasionally for it as I wanted it, but I did not know who took it. I did not charge Tindall with taking it , nor did I suspect him. I believe at that the greatest part of the seed was brought away. There was other grass seed in a chamber over the barn. I did not know that that seed is taken away.
Questioned by the Court says, I do not know that any person in the neighborhood of Parramatta but myself has any quantity of the kind of grass seed now produced. I do not know that I missed any of the grass seed before Tindal went to my farm. It never was in any particular persons charge. As far as I know it was there before Tindal went to the place.
THE CASE WAS HERE CLOSED FOR THE PROSECUTION.
THE PRISONER TINDAL PRESENTS A WRITTEN PAPER TO THE COURT WHICH IS READ IN HIS DEFENCE (NO.1).
THE PRISONER ANDERSON DOES NOT PRESENT ANY ADDRESS TO THE COURT.
John COWLEY sworn and examined for the prisoner says, I left Tom Harlington the witness in charge of Mr. Marsden’s house when I went to Ramsay’s for a bottle of liquor. That was about four day before Xmas. I left him mowing Rye grass, and I left the key of the house with him on a stump. I was away better than an hour. I cannot say justly who gave me the money for the bottle of rum. I did not get any. I cannot justly say that I told Harlington where I was going.
Margaret BROUGHTON sworn and examined by the prisoners says, I live with the prisoner Anderson & we have lived as man and wife together nine years. I recollect Harlington bringing some grass seed to Anderson’s house. Where he got it I cannot say. When he put it down, I asked him what it was. He said it made no odds, it was for a friend. My husband was not there when he brought it. I never knew what it was when Ramsay came. Where he put it there, it remained. Harlington brought it in a small cask and put it behind the door in the kitchen. This was a few days before Xmas. The man was drunk at the time he brought it.
Cross examined by the prosecution says, Tom Harlington brought the large casks from Mr. Marsden’s store to our house. He put them down in the yard and put cyder in them himself. It was Thomas Anderson’s cyder.
William HECKFORD sworn and examined for the prisoners says, I live in the district of Dundas. A settler there, not a free settler. I came into the country. The prisoner Tindal lived nigh thirteen months as an indented servent to me. He left me last January. He conducted himself very well. I had no fault to find with him. He was a very hard working man while he was with me. Tindal’s wife and family came into the country and he was left off the store & I got another man in his room that was the way on I parted with him.
Charlotte TINDAL sworn and examined for the prisoner Anderson says, THE QUESTION ASKED FROM THIS WITNESS, BEING SUCH AS THE COURT CONSIDERED THEMSELVES, NOT WARRANTED BY LAW IN PUTTING. THE COURT REFUSED TO PUT THE SAME.
THE PRISONER DECLINED ASKING ANY OTHER QUESTION.
THE PRISONERS HERE CLOSED THEIR DEFENCE.
THE COURT HAVING MATURELY CONSIDERED THE EVIDENCE ADDUCED AS WILL ON THE BEHALF OF THE PROSECUTION AS ON BEHALF OF THE PRISONERS AT THE BAR, DO ADJUDGE THAT THE SAID JOHN TINDAL AND THE SAID THOMAS ANDERSON ARE SEVERALLY GUILTY OF THE FELONY WHERE WITH THEY STAND CHARGED, AND DO FURTHER ADJUDGE THAT THE SAID JOHN TINDAL FOR THE SAID OFFENCE BE CONFINED IN HIS MAJESTY’S GAOL AT SYDNEY AND KEPT TO HARD LABOUR IN THE GAOL GANG THERE FOR THE SPACE OF TWELVE MONTHS, AND FURTHER ADJUDGE THAT THE SAID THOMAS ANDERSON FOR THE SAID OFFENCE BE SENT TO NEWCASTLE IN THIS TERRITORY AND THERE KEPT TO HARD LABOUR FOR THE SPACE OF TWO YEARS, TO COMMENCE FROM THE EXPIATION OF THE SENTENCE PASSED UPON HIM BY THE COURT YESTERDAY.
Ellis Bent J.A.
PERSONS INVOLVED IN THE TRIALS OF THOMAS AND ROBERT HENDERSON. FRIDAY 6/11/1812 & SATURDAY 7/11/1812.
Isaac ARCHER Witness for pros.
Ellis BENT Judge Advocate.
Margaret BROUGHTON Witness for def. (T. Henderson’s "wife").
Ambrose BURNSIDE Witness for pros.
Charles CLEAKE Prisoner.
John COWLEY Witness for pros. (Marsden’s overseer).
William COX Witness for def.
Thomas DALLY Prisoner.
James DOGHERTY Witness for pros. (Marsden’s employee).
Capt. DURIC Court Examiner.
Samuel GRIFFITHS Witness for pros.
George GUEST Prisoner
Thomas HARLINGTON Witness for pros.
Roland HASSALL Witness for def.
William HECKFORD Witness for def. (Settler).
Robert HENDERSON Prisoner
Thomas HENDERSON Prisoner
KELLY Constable
Mary KELLY Prisoner
Samuel MARSDEN Witness for pros.
Alexander McDONALD Witness for pros.
OAKES Chief Constable
Thomas O’NEALE Witness for pros.
John PALFREY Witness for pros. (Marsden’s overseer).
PARRY Farm hand
John RAMSAY Dist. Constable
Patrick SHARRY Witness for pros.
Robert SMITH Prisoner
Daniel THURSTON Prisoner
Charlotte TINDAL Witness for def.
John TINDAL Prisoner
Charles WALKER Witness for pros. (Marsden’s Steward).
© Kenneth and Keith Henderson 2000.
Link to Parramata & District Historical Society inc.