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Decisions of the Nineteenth Century Tasmanian Superior Courts

Published by the Division of Law, Macquarie University and the School of History and Classics, University of Tasmania

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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

[1] See also Launceston Advertiser, 12 October 1837; True Colonist, 13 October 1837; Hobart Town Courier (Supplement), 20 October 1837.  For a brief Judge’s report see AOT MM 71/10, pp. 404-10.