[convict escape - stealing from dwelling house - military defendants in crime]

R. v. Bryant, Powell and Marsden

Supreme Court of New South Wales

Burton J., 10 August 1835

Source: Sydney Herald, 17 August 1835[1]

Before Mr. Justice Burton, and a Civil Jury.

William Bryant, a runaway Convict from the Iron Gang at Cox's River, and Samuel Powell and William Marsden, Soldiers of His Majesty's 4th Regiment, two of the guard stationed at that gang, who also absconded therefrom, stood indicted for stealing from the dwelling-house of Charles James Garrard, and putting him in bodily fear, on the 10th June last, at Limestone Plains.  It appeared that the prosecutor keeps a retail store, and on the day laid in the indictment, the prisoners went there for the purpose as they affected, to purchase necessaries, two of them the prisoners Marsden and Bryant went into the store leaving Powell outside to keep watch; Powell went to the kitchen and possessing himself of the watchman's musket, returned to the store; the men inside secured the prosecutor by tying his hands, and commenced plundering the house and packed up a variety of articles for the purpose of taken them away.  While they were thus employed, three of the Mounted Police who had gone out in search of the prisoners and their comrades arrived accidently [sic] at the store, when Powell challenged them; they answered they were friends, he told them not to advance as it was then too late; fearing however, that they might be fired upon as bushrangers, they called out that they were the Police, which Powell communicated to his companions inside the store, when they immediately retreated.  The prosecutor Garrard hearing them say they were Policemen went to the door to ascertain the fact, as he apprehended they were more bushrangers, when he found they were what they represented themselves to be, they unbound his hands and pursued the prisoners; Bryant was captured on the same evening, but the prisoners Powell and Marsden were not taken until the following day.  They were all identified by the prosecutor and the watchman of the establishment, whom they had also secured.  The Jury returned a verdict of Guilty, and the prisoners were remanded for sentence.[2]

Notes

[1] See also Burton, Notes of Criminal Cases, State Records of New South Wales, 2/2420, vol. 19, p. 71.

[2] The prisoners were sentenced to death: Australian, 25 August 1835.