[stealing – Norfolk Plains – self defence]

R. v. Brian

Supreme Court of Van Diemen’s Land

Montagu J., 5 January 1839

Source: Cornwall Chronicle, 5 January 1839[1]

            Timothy Brian was charged with stealing sundry articles of wearing apparel, the property of William Bartlett of Norfolk Plains.

William Bartlett examined - I am an agriculturist; I know the prisoner at the bar; he resided in my neighbourhood; I lost several articles; I saw them safe other[?] night, before they were stolen, hanging safe on a line; I tracked my things to the house of the prisoner; whom I saw, and demanded them from him; he gave them to me.

            Rebecca Bartlett - I am the wife of last witness, and take in washing, I know the shirt now produced; it is the property of Mr. Dowsett; I put it out in the morning to dry; left it out all night and next morning it was gone; I next saw it at the Police Office;  the shirt was marked before I lost it; the mark has been cut out since; I know the other articles now produced; they were stolen at the same time.

The prisoner in his defence said, he did not know how the articles came into his house - Acquitted.

Joseph Redman stood charged with stealing sundry articles, the property of William Peart.

William Peart examined. - I recollect going from my house on a fishing excursion on the 24th of last month; on my return on the 26th I found a part of a window that was broken, now taken out and about 20 dozen files taken away; I waited all night, expecting the thief would return; on the night of the 27th I set a trap - a weight that would fall on the small of the arm of any man who put his hand in the window; when I heard it go off I snatched up a pistol and ran out, when I saw a man within a yard or two of my house, run, I chased him, he dropt two bundles of shoe heels; I overtook him, and gave him in charge of the Chief Constable; then I went back and found the shoe heels, which I saw him drop; looking at his arm in the Police Office, his arm was bruised by the fall of the weight.

By Prisoner. - There were no shutters to the windows on the night I went fishing; they were not fixed, and are not to the present day; I examined the parcels of shoe heels I lost before, and I know they were shoe heels; I swear I saw you drop them close to the side of me the constable sent a man with me to pick up the shoe heels; it was about five minutes from the time I left Mr. Byron’s house until I returned, after having found the shoe heels.

John Byron. - I am Chief District Constable; I apprehended the prisoner on the 28th of last November; I was aroused from my bed by a violent noise, and on opening my door, found prisoner struggling with last witness, striving to get away.

By Prisoner - Mr. Peart told me you had dropt some property in the streets; I directed him to go and get it; he was gone about five minutes; I am sure it was no longer time; Mr. Peart had not time to go to his own residence during the time he was absent.

Prisoner denied being the man. The Jury without hesitation found him guilty, when his Honor passed sentence of seven years transportation. The prisoner begged to be sent to Port Arthur.