[highway robbery – capital punishment]

R. v. Bowtell

Supreme Court of Van Diemen's Land

Montagu J., 21 April 1843

Source: Hobart Town Courier, 28 April 1843[1]

            James Bowtell was capitally arraigned under the Colonial Act for a highway robbery, on the 23d Feb., and stealing from the person of W. Marks some bank notes and silver coin, belonging to Mr. F. A. Kemp, of Mount Vernon; a second count laid the property as belonging to Marks.

            The particulars of the robbery have already appeared at length in our columns; we shall, therefore, only recapitulate the leading features of the evidence.

            Marks stated that, as he was returning from Hobert Town in his master’s spring cart, the prisoner jumped from the bank of Constitution Hill, which he was at the time ascending, and, seizing him by the collar and presenting a gun to his shoulder, ordered him to deliver up Mrs. Kemp’s money. Witness, hearing the threat that any hesitation on his part would prove a warning to him, gave up a parcel which had been given to him for Mrs. Kemp by Mr. K’s butler; he also gave him £3 15s. 6. in money, with a £1 cheque and a plated watch-guard. After describing the dress worn by the prisoner, Marks mentioned the manner in which he concealed his face under a black handkerchief, which, by leaving his right cheek, ear, and whiskers uncovered, enabled him to observe a scar, by which he identified him when arrested by the constables in Liverpool-street.

            In answer to questions from His Honor, witness said, that after the delivery of the money, Bowtell told him to proceed, but not to look back or make any noise, otherwise he would “surely drop him.” He had his finger on the trigger during the whole time.

            Mr. Phillips, butler to Mr. Kemp, was called to identify the property. He stated that Marks had received from him a parcel addressed to his mistress, and that it contained eight £1 notes and £5 in silver. The notes produced were very like those referred to, especially one, which was torn at the side; he would not, however, swear to their identity.

            Mr. P. Smith deposed to have given Marks a cheque for £1 in favour of Mrs. Kemp; it was produced in Court, and recognised by witness as the same.

            Mr. Watchorn informed the Court that, on the lst March, the prisoner went to his shop to purchase a black silk handkerchief, in payment for which he tendered a cheque for 20s., made payable to Mrs. Kemp by Mr. P. Smith. Actuated by suspicion from the fact of the cheque being dated about the time at which Mr. Kemp’s robbery took place, witness questioned Bowtell as to how he became possessed of the cheque. The prisoner said he had obtained it from Mrs. Kemp. Mr. Watchorn said he must detain him until he had sent to the bank. Prisoner, in a state of excitement, replied, “Give me back my cheque, I’ve got plenty of money.” He was then watched until apprehended.

            After producing testimony to prove that the notes were genuine promissory ones from the banks whose names they bore, Mrs. Mills, of the “Bruswick Wine Vaults”, was placed in the box. She stated that on the 28th of February the prisoner took lodgings at her house, paying for what he had as it was served to him; he told her that he intended going to the bank to get some notes changed for gold, and that he might as well give her the discount to do it for him; witness did so, deducting sixpence in the £1 for discount; she gave him seven sovereigns and the silver value of £1; Mrs. Mills knew one of the notes by a tear on one of its sides and a mark at the back; they had all been kept apart from others since received into her possession and until delivered to District Constable Partridge.

            District Constable Partridge, had apprehended the prisoner on the lst March; he then searched his person and found the cheque for £20, £2 12s. in silver, and a metal watch guard; he said that he had received the cheque from a man on the road, but could not remember his name; he had earned the money by reaping.

            District Constable Goodwin deposed to the finding six sovereign sewn in a piece of rag to the prisoner’s foot. On the discovery of the money the prisoner said - “It’s all over, you may take it away,” or words to that effect; a sovereign was also found in the cell of the prisoner by the undergaoler.

            His Honor, in his charge to the jury, most clearly laid before them the particulars of the case not only as it affected the prisoner, but also the community at large. After dwelling very minutely on the testimony of Marks and the other witnesses, His Honor said, that the life of the prisoner was entirely in their hands; if they concurred in finding him guilty, the law would undoubtedly take its course, for he considered this a case which called loudly for the execution of the law on the offender.

            The jury returned a verdict of Guilty against the prisoner, who was remanded for sentence.

            Before he was removed from the dock, His Honor earnestly requested him to endeavour to obtain forgiveness from that God whose laws he had so grievously broken, as he could not give him the slightest hope of his life being spared.