R v Clarke, 1843

Duncan Wardsworth Clarke was indicted for feloniously stealing a horse, the property of William M. Deane, on the 15th November last, value £40. Plea not guilty.

John Davis sworn. - I was in the employ of Mr. Deane on the 15th November; I know the prisoner; Mr. Dean was in the habit of hiring out horses; I was authorised to hire out horses for him; I saw the prisoner on the 15th November at Mr. Dean’s stable, he came to me and said he wanted a horse for Williams and Co., to go to Avoca, Williams, Campbell and Co. I mean; he said he came from there to hire the horse for the collecting clerk, and he would be away three or four days, he was going to Avoca; I let him have a horse, it was a black one; I let him have it on the faith of the representation; I knew the prisoner was coachman to Mrs. Williams; the horse was worth forty guineas; I have seen the horse since; I saw it on the Sunday following; he hired it on the Tuesday previous; Mr. Williams Dean Jun. brought the horse back; the pri- did not pay for the hire of the horse; the horse belonged to Mr. Deane.

William Mathew Deane Sen. sworn. - I keep a livery stable and am in the habit of letting out horses; the last witness was in my employ on the 15th November last, and was authorised to let out horses by me; from some information I received, I sent my son to Campbell Town on the 19th; he brought the horse back; it was my horse; it had been in the charge of John Davis.

By the Court. - Williams, Campbell and Co., had some time back been in the habit of hiring horses from me, three or four years back; Campbell Town is not the general road to Avoca.

William M. Dean Jun. sworn. - I am the son of the last witness; I know the prisoner; I saw him on the 15th November; I met him about two miles from Whitehead’s he was riding on my father’s black horse; I asked him where he was going to; he said he was going to Mr. Whitehead’s to deliver the horse up to our collecting clerk, and if he didn’t find him there he should be sure to find him at the squeakers; I understood him to mean Williams, Campbell and Co’s, collecting clerk, as I knew him to be in their employ; we then parted; I went to Campbell Town on the Sunday morning following to Mr. Englebert’s, and found the horse there; that horse was my father’s property, I brought him back.

Charles Englebert sworn. - I reside at Campbell Town. I keep a Hotel there; have seen the prisoner before; saw him on the 16th November at my house at Campbell Town; he came on horseback, it was a black horse with a white streak down the face; the horse was put up at my stables; the prisoner went into my house; he said he had rode sixty miles that day and was very much fatigued, could I get him a gig and harness to go to Oatlands that day, he said he was collecting for the house of Williams, Campbell and Co.; I could not get him a gig and harness but let him my own horse on hire; he took my horse away towards Hobart Town; he did not pay either for the hire or his refreshment; he said he would return on the following Friday, this was on Wednesday; the black horse remained in my stable; I had some suspicion of the man; young Mr. Deane came on Sunday, and claimed the horse as his father’s and took him away; the prisoner did not bring my horse back on the Friday following; a constable from Hobart Town brought my horse back; I did not see the prisoner again until he was in custody about a week afterwards.

By the Jury. - He did say the horse was his property; he did not offer it for sale.

By the Prisoner. -You came with the constable who brought back the horse, you were in custody.

William Headlam sworn. - I know the prisoner, he was in the service of Mrs. Williams on the 15th November; he was discharged from Mrs. William’s service on the 14th November last; he was never collecting clerk to the firm of Williams, Campbell and Co. up to the 14th November.

James Owen Taylor sworn. - I was in the service of Messrs. Williams and Co. on the 14th November. I knew the prisoner as coachman to Mrs. Williams; he was never collecting clerk to the firm; they had no collecting clerk only for the town; the name of that clerk is Caruthers; I am quite positive there was no collecting clerk on the 14th November.

The jury, under the direction of the Judge, found the prisoner Not Guilty; there being no evidence that a collecting clerk had not been employed.

Robert Hastings was indicted for feloniously stealing a horse, value £40, on the 24th day of September last, the property of George Potter.

George Potter sworn. - I resided at Avoca on the 24th of September last; I know the prisoner; I saw him at my place on that day; he said he was going to Launceston; he came to hire a mare from me; I hired him the mare for three days; it was a grey mare; I value it at £40; the mare was to be returned in three days; he did not return. I told a constable to get the mare if he saw her. I found the mare on the 3rd of October in Mr. Joshua Lyon’s stable at Franklin Village. I am quite sure the prisoner is the person who hired the mare; I never gave the prisoner permission to sell the mare; he did not pay for the hire. I have known the prisoner about four years; I saw the mare outside the Police-office on the 4th October; I saw Joshua Lyons then looking at the mare. I know a man called Isaac Jacobs by sight.

Cross-examined. -The mare is my property; she is not the property of any person living with me; I had the mare from the widow woman I was stopping with; I was working for her; I have a receipt for the purchase; this is it; I was a bullock-driver for the widow in question; I had been so since last Friday; my wages were 10s. per week and my board; I had £15 when I went there. I received some small sums during that period. I never sold the mare belonged to the woman. I had a contract to supply wood at Avoca; it was the woman’s contract.

Joshua Lyons sworn. - I reside at Franklin Village; I know Isaac Jacobs; I recollect, is September last, he borrowed some money of me, £5; I know the prisoner; prisoner was present when I lent the money; Jacobs gave the money to the prisoner; the money was paid for a grey mare; Isaac Jacobs had the mare in his possession; Isaac Jacobs asked the prisoner if the mare was his? He said it was not his, but it was his brother’s; he was selling the mare for his brother, because of his being in difficulties; he said his brother was a man named Tomlinson, a blacksmith, at Avoca; he said his own name was Tomlinson; it was a grey mare; I saw the mare again on the26th September; I purchased the mare from Isaac Jacobs on that day for £20. I saw the prisoner sign this receipt; the prisoner gave the receipt to Jacobs; it was written the same day I lent the £5; that was when the mare was sold to Jacobs; I purchased the mare a week after.

Isaac Jacobs sworn. - I recollect being at Franklin Village on the 25th September last; I know the prisoner; I met him that day; he was riding on a grey mare; prisoner said he had a bargain to sell me; he said it was the grey mare he was riding. I asked him who it belonged to? He said his brother, James Tomlinson; he said his brother rented a farm, and had been tapped for debt, and wanted to sell the mare; I exchanged my horse with the prisoner, and was to give him £5 besides; Mr. Lyons paid the £5 the next day; Mr. Lyons afterwards agreed to allow me 30s; and to take the mare himself. I saw the mare outside the Police-office about a fortnight from the time I had purchased her; Mr. Lyons was present then; Potter was not present then, but he was the second time I saw the mare at the Police-office.

The prisoner, in his defence, stated he was authorised by Potter to sell the mare.

Potter re-called - I never authorized the prisoner to sell the mare; it was to be returned in three days.

[1] According to AOT SC 41/5 the prisoner was Duncan Wordsworth Clark. AOTSC 41/5: Robert Hasting was sent to Port Arthur for 4 years with 'his conduct was to be reported'.