[robbery, gun – convict escape – police, stealing from]

R. v. Storey and Williams

Supreme Court of Van Diemen’s Land

Pedder C.J., 3 June 1840

Source: Hobart Town Advertiser, 5 June 1840[1]

            Storey and Williams were indicted for stealing a gun, the property of the Queen, from the person of Peter Marley, on the highway, and putting him in bodily fear.

Peter Marley, a constable belonging to the New Norfolk police, deposed that on the 19th of March last, he was on his way from New Norfolk to his station, at the Lower Farm, about 7 o’clock in the evening, when he met two men, who, to his knowledge, he had never seen before; suspecting they were “bolters or absconders from some gang,” he charged them with being so, when one of them said - “oh! you are b_____y idle. I have this very day done 12 months addition.” As they failed to produce any certificates of freedom, witness took them in custody, and proceeded with them towards New Norfolk; the first house they came to, was Mr. Hewitt’s called Mr. Hewitt out, and asked for the gardener; was told he was at the next farm; witness gave his musket to Mr. Hewitt, and wanted to handcuff the men but they refused, saying they were free men; proceeded on with the men towards Sorel Rivulet, where Mr. Hewitt’s gardener resides; had got about half-way, when the little man run into me; we had a scuffle, and we both fell; whilst on the ground, the tall man struck me with his fist, and took away the piece from the little man, who had previously got it from me; as soon as he got hold of the piece, he presented it at me, as I was still on the ground, and pulled the trigger, saying - “you b____, I’ll do it; or something of the kind; the piece was not loaded; they said nothing, but away they went, and I arter them, singing out for the neighbours; I know the tallest prisoner to be one of the men; I cannot swear positively to the other, but, to the best of my opinion, he was the man who was with the other; never saw the piece since.

D.C.J. Smith of New Norfolk, deposed to issuing a gun to Marley, the property of the Queen.

Richard Williams. - Was sub-overseer of the Hulk chain gang, New Town Bay, in March last; both the prisoners belonged to that gang; they were sent into my gang for about half an hour, on the 19th March, previously to their being sent into another gang; about 9 o’clock, Storey asked me to let him go behind: I did so; he came back without his irons; Williams joined him, and they both said they were going away, and away they went, I sent one of the men to the station to report them.

This was the case.

The prisoners made no defence, and His Honor, in summing up, desired the Jury to satisfy themselves whether the prisoners took the gun with a felonious intent.

After a short deliberation, the Jury returned with the following verdict - “We find the prisoners Guilty of the assault, but not with intent to steal the gun; it is evident they took the gun to facilitate their escape from the constable, and not with a view to robbery.”

His Honor said that as the robbery was the charge in the indictment, such a verdict was in effect Not Guilty, to which form the jury had better reduce their verdict, which they accordingly did, and the prisoners were remanded.