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[highway robbery - Milford Mill - Campbell Town Tier - convict
escape]
R.
v. Daley and others
Supreme Court of Van Diemen's
Land
Pedder C.J., 10 October
1837
Source: Cornwall Chronicle
(Supplement), 14 October 1837[1]
Lawrence Daley, Wm. Lanshaw, and John Morris -
were indicted for highway robbery.
William Mason sworn. - I live with Mr. Thomas,
at Milford Mill; on the 16th July last, I was at my master’s for
some rations; I had left the Campbell Town Tier, where I was employed
in splitting the day before; on the Sunday mentioned, I was going
along the road with about 20lbs of flour and 2 pieces of pork; on
coming near Moll Smith’s Yard, I heard a voice cry hoy! stop! I
did so, and the prisoners all came up to me, and the tall man (Morris)
said, what have you got there; I said, some pork and flour; he asked
if I had no tea and sugar, I said no; I had a blue jacket on my
arm, which he took from me; he took off my hat, and desired me to
take off my trowsers, I refused, drew back, and clenched my fist;
they then tied me, and took me about 10 yards off the road, and
ordered me to sit down; they took off my trowsers, and put a suit
of yellow on me; they then ordered me to walk before them, to a
place called Mr. Aitkins' Big Hill, where they told me to go behind
a tree; they said it was of no use to take me any further, and that
I might return to my master; they all had sticks in their hands;
I was alarmed; from the place where they took off my trowsers, to
where they left me, was about half a mile; when the prisoner Morris
took off my hat, he put it on his own head; Daley put on my trowsers,
and my jackets was put into a bag, which Lanshaw carried; this took
place about 9 o’clock in the morning; I saw my hat about a week
afterwards; this is the same hat, I know it by the black thread,
I sewed it myself, it was a very good hat, when I lost it; I saw
it first afterwards at the Police Office, Campbell Town.
Cross-examined by Lanshaw - Did I strike you?
No, you stood over me with a stick; you all three had sticks; you
carried a bag, and had a blanket round you, to hide your yellow
clothes.
Henry Newton. - I was in the police when these
men were apprehended; I and constable Greaves saw Morris and Lanshaw
at Gilbert’s Creek, about 6 miles from where the robbery was committed;
Lanshaw was dressed in a cord jacket and trowsers, Morris had on
a black hat, fustian shooting jacket, and cord trowsers; I took
this hat off Morris’s head; I saw Daley at Campbell Town, on 26th
July, and the others at Gilbert’s Creek, on the 18th.
The prisoners made no defence. Verdict - Guilty.
The prisoners were then charged upon a second
indictment, with robbing and putting in bodily fear, Michael Phillips.
Henry Newton - I left Campbell Town, on duty,
on Monday, 17th July last, went to Moll Smith’s Ford on Monday;
I proceeded the same night to Eastern Tier, where I slept; next
day I went to a hut belonging to Mr. Orr, where I found the prisoners,
Morris and Lanshaw; Morris had on this fustian jacket, and these
cord trowsers, and shoes, Lanshaw was dressed in a short round jacket
and trowsers; I swear from the marks that I made upon them, that
these are the same.
Michael Phillips. - I live at Mr. Alston’s at
the Macquarie River, about 18 miles from Campbell Town; the first
time I ever saw the three prisoners at the bar, was on 14th July,
about 11 o’clock in the day, they came to my hut, they each had
a stick; nobody was in the hut with me, I was cooking my dinner,
my back was in the door; Daley entered first, and went to a fowling
piece, opposite the door, and took it; there was some shot on the
table, and asked for powder; he saw the flask on the shelf, and
loaded and primed the gun. I endeavoured to rush them, and recover
the gun, but Daley told the others to keep me back, and when he
loaded the gun, he presented it to me; he put down the gun, and
came up to me, and was going to take my neckerchief off; I put up
my hand to prevent him, when Daley seized a knife off the table
and said, ---, if you do not let go I’ll give you this; he then
tied me, while the others held my arms; they then searched me, and
took two-pence, which was all the money I had, and asked me if I
had any more, or any “plants” in the place, I said no; Daley then
took off my trowsers and shoes; they searched the place, and took
away my master’s gun and powder flask, a blanket, my fustian coat,
trowsers, and shoes; they then locked me in the hut, and left me
with my hands tied, and went away; this is my coat, these are my
trowsers; I next saw the prisoners at Campbell Town, about 8 or
9 days after the robbery; I was alarmed when Daley took the knife
to me.
Henry Newton recalled - I know Mr. Alston’s place;
I know Phillip’s hut, it is about 25 miles from Gilbert’s Creek.
The prisoners, all three, declared their innocence,
but called no witnesses. - Guilty.
The prisoners were runaways from the Snake Banks
road party.
Notes
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