[burglary]

R. v. Hawes, Adams and Stewart

Supreme Court of Van Diemen's Land

Pedder C.J., 10 October 1837

Source: Cornwall Chronicle (Supplement), 14 October 1837[1]

James Hawes, Wm. Adams, and Henry Stewart, charged with burglary in the dwelling-house of Valentine Soper.

Valentine Soper. - I reside over the Wind-mill Hill, in a cottage I rent from Mr. Browne; I remember the night of 26th of last month; I went to bed exactly at ten o’clock; I secured the house by locking the door, and fastening the window by a button inside; shortly after I heard a rumbling round the corner of the house, and in one minute, a pane of glass, of the bed-room window, went in, and instantly after the whole frame was pushed in; I jumped out of bed; I saw a man jump through the window; I caught hold of him, he struggled a great deal; I was a long time on the ground with him, up and down, but never let go my hold; I kept hollowing out for assistance from my neighbour, and for my wife to bring me gun from the other room; as soon as the man could get from me, he made his escape out of the window; my wife brought the gun, but the man was gone; he was shortish thick set man, with something of flannel about him; I am sure he had no-jacket on, for I tried for his pockets to hold by; it was dark; in struggling the man tried to get away, but I held fast; he put his hand before my mouth; I bit his finger, or thumb, he then cried out, oh; you ___ this was the only time he spoke; I saw no other man that night; on examining the window next morning, I found that the button which fastened the window was forced off; I lost the property; I found a gun, a cap, a stick and a piece of muslin or print this is the gun, it was loaded, very heavily; I found this gun down by my bed side, this cap and the stick I found near the gun; next morning I observed footmarks across my garden, loading towards the Wind-mill; the footmarks nearest the window were about two rod off, but between that the window, there was a gross plot; I saw constable James Bydee, measure the footmarks, Mr. Peel was present the prisoner Hawes appears to me to resemble, in make, the man whom I struggled with; I never saw either of the prisoners before to my knowledge, it was do dark that I could only see the man while jumping through the window; I did not see whether he had a gun or stick; it was impossible for him to have had either a gun or stick in his hand while we were struggling; I caught him the instant he jumped in.

Mrs. Bridget Soper. - I am wife to last witness; I remember our home being broke into last night fortnight, at 10 o’clock; after going to bed, I heard a noise, just as I lay down, and immediately a pane of glass in my bed room was broke in, and then the window was forced in; my husband struggled with a man; he called out murder, and desired me to go for his gun; I did not go for it then; just as I got out of bed, I saw a man at the window, whom I thought was the same man, and that he had jumped out again; he was then outside; I went up to him and made a grab at his face, I think I scratched it; I dragged him nearly half-way in through the window; he plunged and got away from me, he then struck me on the head with a stick; the stick flew into the room; it was a violent blow; I called out as loud as I could and screamed murder; I heard a voice on the hill say, I’m coming; I got my husband’s gun, and as I took it to him, he was on the ground, trying to get up, the man was not there then; I am sure I should know the man again, it was the middle man (Adams) of the three prisoners; the struggle continued 10 or 15 minutes; it was a dark rainy night, but I could see the man better than he could see me, as I was inside, and had not been to sleep; I heard the man who was struggling with my husband say, I will take your life; when I got hold of the man, he had on something dark; I laid hold of him by the collar and neck, I could feel that it was not flannel that he wore.

By the prisoner Adams. - What did you know me by? By your figure and dress. Did you see my face? Yes, I saw it very well for the light I had; it was a dark night.

Joseph Knevitt. - I live at String-bark Forest; I know the three prisoners at the bar, I have known Hawes about 12 months; he worked for me about six weeks ago; I have known Adams about a fortnight or three weeks, the other man, Stewart, was my assigned servant;[2]it is a fortnight yesterday since he left my service; I had given him a pass about 3 weeks ago, for the purpose of getting a fresh master; he had told me he wished to be transferred to Adams, he was to meet me at the Police Office, for the purpose of being transferred to him; I saw him next on yesterday fortnight, I gave him a letter to Mr. Clark, to be returned to Government; Howes worked for me at the same time, and Stewart did about a fortnight before; it was about 2 or 3 o’clock when Stewart left my place, it is about 9 miles off; when Stewart first left my service, he had on a knotted cap, a fustian jacket, and corduroy trowsers; this is the same cap that Stewart wore when he came to me, and when he left; yesterday fortnight, when he came to me, he had on a black hat and blue jacket; all three of them came to my place together, when I gave Stewart the pass.

Cross-examined by Stewart. - When you first left my service, about 5 weeks ago, I gave you a pass to go see your brother, at Campbell Town, you returned in four days; I then gave you a pass to William Means, until you could obtain a fresh master; you returned in a week; I then gave you a letter to Mr. Clark, to return you to Government.

Mary Knevitt. - I am wife to last witness; that is Henry Stewart’s cap, I often saw it at home, about the place; yesterday fortnight he came out in the afternoon, he had on then a blue jacket, cord trowsers, and black hat; I have seen him with a black hat before; I met the three prisoners together, when I was coming out of Town, the time before he had the letter to go into Government; he had then a cap on; when he left our service, he had taken off his cap and all his things away before.

James Bydee. - I am a constable, and by trade a shoemaker; I remember on the morning of 26th last month being at Mr. Soper’s, to enquire about a robbery; I went again on the 28th, with a pair of boots of one of the prisoners, and one of each of the others; I tried them on some new dug ground that I measured the morning before; I had one of the boots taken from Stewart, Mr. Peel had the other; I had measured the footmark two mornings before at Mr. Soper’s, in six different ways; I measured Stewart’s boots before I went to Soper’s on the 28th; they corresponded exactly with the measure I took in the soil; on the 28th I tried one of them by the footmarks, and they then corresponded; the footmarks were leading to and from Soper’s house into Lawrence’s paddock; I traced them to where a stick had been broken; I observed footsteps near that place; I measured them; they also exactly corresponded with Stewart’s shoes; I know this stick; I received it at the watch-house; I compared it with a stump in the ground in Lawrence’s paddock, they corresponded; near to where I found the stump of this stick, there were footsteps of three persons; on the mould in front of Soper’s house I saw footmarks of two different persons, they were going in a direction from Soper’s.

John Appleby, constable. - I know the prisoners well; I saw them on the 21st last month, on the Windmill Hill; I saw them come up the road and sit down on the grass; I went into a house and watched them about an hour and a half; they then got up and separated; I spoke to Hawes and Stewart; Stewart said he had a pass for Stringy-bark Forest; Hawes said he was free, and shewed me his certificate.

William Pyle. - I knew the prisoner James Hawes, he was once my servant; I lost a gun from my house on the 25th last month; this is it; four men came to my house about half-past 8 in the evening, and took this gun away with them; I have a very sharp dog, which I keep on the chain; he did not just bark that night; the prisoner Hawes had been in my service a short time before.

Mr. William Peel. - I know the prisoner; on the evening of the 27th last month; Adams lived in Elizabeth-street, Hawes lived with him; I apprehended them both together; Stewart was then in the watch-house; Stewart was dressed then much as he is now; I told him to put on his cap; he put on this one; (another, smaller cap than the one before produced) he said he was about being assigned to Adams; I asked him where Adams then was, he said he was gone to the Macquarie I then went to Adam’s skilling, and apprehended him and Hawes; Adam’s face had scratches upon it, recently done; Hawes’s thumb had a bruize on it; this cap was delivered to me by Mr. Soper; on the morning of the 26th I went to Soper’s house, and examined footmarks; I saw constable Bydee; I was in Lawrence’s paddock that morning, and traced foot-marks, and found a stump which corresponds with this stick; the footsteps that I saw near Soper’s were in a direction from his house up the Windmill Hill; Stewart told me he bought the cap at Mr. Sherwin’s, some time back.

Cross-examined by Stewart - when you took the cap from me what did I say? You said, I bought it from Mr. Sherwin’s shop.

Mr. Isaac Sherwin. - I keep a shop in this town; I have not had any caps like this in my possession for several years; [the smaller cap shewn] I had a few of the other kind, and sold them a few months ago; there is no other person of my name in Launceston.

Mr. Charles Friend. - I have measured the prisoner Hawes; he stands 5 feet 7½ - Guilty.

Notes