[stealing in a dwelling house - infancy - Norfolk Plains]

R. v. McBean

Supreme Court of Van Diemen's Land

Pedder C.J., 7 October 1837

Source: Cornwall Chronicle, 14 October 1837[1]

James McBean - charged with stealing on the 17th June last, in the dwelling-house of Joseph Solomon, at Norfolk Plains, a box containing money and other articles, of the value of more than £5; a 2nd count charged him with stealing the articles in the dwelling-house of William Field.

William Field sworn. - I live at Joseph Solomon’s at Norfolk Plains; my father died on the 14th May last, and I continued to live there until the 7th July last; I remember the 17th June; I was at home about 6 o’clock in the evening; it was on a Saturday; three men came in - Thomas Mitchell, Charles Wise, and John the Sawyer; about 10 o’clock at night, I heard a noise in the bed-room and saw James McBean leaning out of the window; the prisoner at the Bar is the man; I called out to him - hoy; he did not answer; I returned to the next room, and sat down; prisoner was living in the house at the time; he used to sleep in the same bed with me; in about an hour I went into the room again; no body was in it then; I missed a box - a gin case; it contained 11 dollars, 1 half-crown, 1 rupee, 2 ring dollars, 2 shillings, and £1 note, 1 sovereign, 1 gold ring, 1 watch, 1 razor and case, 1 knife, 1 pocket-book; I afterwards saw some of the articles again at the Police Office, Norfolk Plains; I did not see any of the money again; this is the box - [Mr. Saltmarsh produced the following articles - a pocket-book, knife, watch, ring, razor and case] these articles are my own property; when I returned home in the evening, the prisoner was not at home; he was employed thrashing at the place; the next time I saw him after he got out of the window was about 8 on the following (Sunday) morning; he came home then; I got in myself at the window  in the afternoon to open the back door; I fastened it again by putting a bar up to it; about half-past 6 in the evening, I had seen the articles all safe; I locked the box; about three-quarters of an hour after I had seen McBean, I went again into the room to see if he was there; I then found my box gone; I then went to Perth with Charles Wise, and the Sawyer; I was absent half an hour; prisoner did not return until a quarter past 8 on Sunday morning.

By his Honor. - I am between 16 and 17 years of age; my father left me the money and some of the things before he died; the razor and case was my father’s; the ring was my mother’s, before she died; my father gave it me and desired me to keep it; the watch was given me; the £1 note was owing to my father, and he desired me to receive it, which I did after his death.

Charles Wise. - I was at the house with the boy Field, on Saturday in June; about 10 at night we heard a noise in the next room; Field took a light [??] he cried out hoy! - several times; some time after he went in again. [???]with him to Perth; we went to Capt. Heaney’s, we did not find the prisoner there; I think it was about 12 at night then; I found this box in a brush-fence, about a quarter of a mile from Field’s house, on the way to Perth; it was laying with the lid uppermost and some brush over it; I found the box on Sunday morning; about 2 or 3 in the afternoon Mr. Saltmarsh came; I delivered the box to him; I did not ascertain whether anything was in it before Saltmarsh came; it is about 3 miles from Perth to where Field lives.

John Mitchell. - I know Wm. Field; I was at his place on the 17th June last, about 6 o’clock; I saw him unlock his box; he said it was all right.

William Saltmarsh. - I apprehended prisoner about 9 o’clock on Sunday, the 18th June; afterwards saw this box at Wm. Field’s; I found the articles that I produced in the box; Charles Wise pointed out a place in a brush-fence where I observed footmarks; on Monday morning, constable Gilmore brought some shoes to me which corresponded exactly; I traced those marks about 40 yards in the direction of Perth; I apprehended prisoner in Field’[sic] house.

Benjamin Gilmore. - I am a constable; I went to the gaol at Longford, on the 18th June, and received a pair of shoes there [which I produce] and compared them with Mr. Saltmarsh in the sand; they exactly corresponded with the marks.

This closed the prosecution.

Prisoner in his defence, said, he went to Perth on the morning of the 17th and did not return again till next morning; staid at Capt. Heaney’s till 10 o’clock on Saturday night.

William Wallace. - I am a constable; saw the prisoner at Mr. Heaney’s public house, between 9 and 10 o’clock on Saturday night; I saw him leave the house about 10 o’clock, and go along the road towards Launceston.

Cross-examined. - I knew Field; when I saw prisoner leave Heaney’s house it was 10 o’clock; I saw him again at 12; it is 3 miles from there to Field’s.

Thomas Howes. - I am a stonemason, and live at Perth.

By Prisoner. - do you recollect my stopping at your house all night, on Saturday the 17th June! I saw you at 9, then you went out and returned at 12, and slept all night.

The Judge summed up the evidence, and charged the Jury, as the boy is under age, and has not administered to his father’s effects, they can only find prisoner guilty of stealing the knife, pocket-book, watch, and other things that actually belonged to the boy.

Verdict. - Guilty of stealing to the value of £1 4s. 7d. - Sentence 7 years transportation.

Notes