Peter Allan

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Iris Dunne on 14th May 2020

Conduct Record: aged 21, Trade Farmers Laborer, Transported for Stealing Clothes, previous convictions, Single https://stors.tas.gov.au/CON33-1-77$init=CON33-1-77p6

3

Trevor Agnew on 14th May 2020

[Peter Allen is Mary Allen’s husband, not long released after serving 3 years for manslaughter. Now both are charged with highway robbery.] 1864 (Jun) Otago Daily Times, 3 June 1864, page 5 RESIDENT MAGISTRATE'S COURT. WEDNESDAY, JUNE 1st. (Before A. C. Strode, Esq., RM) Drunkenness.—Mary Allen was charged with having been drunk. This person has been in jail on charge of drunkenness and other offences, for the last two years and a half. She was fined £5 or fourteen days' imprisonment. Highway Robbery.—Mary Allen was also charged on a warrant with having been concerned along with her husband in assaulting and robbing a man, name unknown, [George Smirden] on the highway, in north Dunedin. The prisoner was remanded for one day. 1864 (Jun) Otago Daily Times, 6 June 1864, page 4 The Criminal Session of the Supreme Court terminated yesterday. In the morning … … Peter Allen and Mary Allen, charged with assaulting and robbing George Swinden [sic. Correct name is George Smirden.] on the Pine Hill road, on the 30th May, were found "Not Guilty," and discharged. The Court then formally adjourned to Monday, at eleven o'clock, 1864 (Jun) Otago Daily Times, 9 June 1864, page 5 SUPREME COURT.-CRIMINAL SESSION. WEDNESDAY, June 8th. (Before His Honor Mr Justice Richmond.) His Honor took his seat on the Bench at ten o'clock. SENTENCES. . HIGHWAY ROBBERY. Peter Allen and Mary Allen were charged with stealing from George Smirden, a bundle of grocery goods, on the Pine Hill Road. Mr O'Loughlin appeared for the male prisoner. The case for the Crown was, that on the 30th May, George Smirden was in a store in the North East Valley, where he purchased a bundle of grocery goods, of the value of 11s 8d, and four books. The two prisoners were also in the store. Smirden went away, and was proceeding up the Pine Hill road when he rested, laying down his bundle to light his pipe. While doing so, the female prisoner [Mary Allen] came up behind him and pulled his ear, and knocked off his cap. He said, "Woman, what are you doing?" when the male prisoner [Peter Allen] came up, and said, "I'll let you know what she is doing," and seizing him at the same time by the collar. A struggle ensued, in which Smirden threw the male prisoner down, and held him by the collar. During the fight, the woman and the bundle of groceries had disappeared. In about eight minutes, the woman came back, and threw stones at Smirden, until he was compelled to let the male prisoner go. He then went back to the store at the Water of Leith, and gave information. He, along with a constable, went that night to the prisoner's tent. The female prisoner went with them to the station, but the male prisoner would not go The prosecutor went home over the same road that night, and did not see his bag of groceries, and he had not yet recovered them. In cross examination, the witness said he had drunk three pints of beer that day. The Judge instructed the jury that in this case there must be some proof of the taking the goods by the prisoners. On this point, the proof was somewhat slender, for no one saw them take the bag of goods. The goods were not found in the possession of the prisoners, and the Jury would have to give them the benefit of any supposition of anything else having become of them. On this indictment the prisoners were either guilty of robbery or of nothing. The jury brought in a verdict finding both prisoners "Not guilty." The prisoners were discharged. - Otago Daily Times, 9 June 1864, page 5 1864 (Jun) Otago Daily Times, 23 June 1864, page 6 RESIDENT MAGISTRATE'S COURT, TUESDAY, June 21st. (Before A. C. Strode, Esq., RM.) Deukk and Disorderly:— Mary Allen, charged with using obscene language in a public place, was fined 10s and costs.

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Trevor Agnew on 14th May 2020

Peter Allan (or Allen) seems to have gone to New Zealand early in 1860, presumably at the end of his 15 year sentence. He was the first man in Otago to be charged with murder. He went with Mary Nesbitt (who was then known as Mary Allen) and Mary's three young daughters from a previous marriage, Jane, Elizabeth and Mary Ann Nesbitt. Peter Allan/Allen seems to have abandoned them when he came out of prison. Mary Allen became a notorious drunkard, vagrant and prostitute. Her children were taken into care. Mary died in Seacliff Lunatic Hospital (mental asylum)Otago, NZ, on 13 Mar 1886. Some news items from 1860: [This is Peter Allen, the husband of Mary Allen. He was the first man in Otago to be charged with murder. He was lucky to be found guilty of manslaughter. Got 3 years prison with hard labour. Note that Mary and her girls were upstairs when the shooting took place down in the kitchen. He actually blamed Mary – said the shooting was ‘all on her’, presumably for bringing Lees home.] 1861 (Mar) Otago Witness, 30 March 1861, page 5 RESIDENT MAGISTRATE'S COURT. Tuesday, March 26, 1861. (Before J. H. Harris, Esq , R.M.) SHOOTING WITH INTENT. Peter Allan was charged with having, on the night of the 23rd inst., in a house in Stafford-street, Dunedin, shot a man named Joseph Johnston, a seaman of the Prince Albert steamer. Joseph Lees, being sworn, stated, that he came in on Friday the 22nd, from the Molyneux, where he had been sawing for some time. On the following evening between 10 and 11 o'clock he met the prisoner's wife, [Mary Allen] who offered him lodgings. He accepted the offer, and they both went to the house in Stafford street. When they went in, she proceeded upstairs to get a bed ready for him, after which he went upstairs. There were three other beds on the floor. The prisoner [Peter Allen] was in one of them with some children. [Elizabeth and Mary Ann] The woman, after witness went to bed, came upstairs and put out the light. After he was about half an hour in bed he felt some one pulling at his trousers, which he had put underneath his pillow. He said "What's that?" Prisoner replied, "You beggar, what are you doing here?" He called out to his wife to bring him a knife. The woman said "No." He [Peter Allen] then went down stairs and fetched up a light and a knife, and went forward to witness [Joseph Lees] and said "If you sing out, I'll give you the contents of this knife." Prisoner struck witness a blow with his fist, asking him at the same time what brought him there. Witness told prisoner his wife took him as a lodger. Witness then rose and put on his clothes. He found his trousers lying away from the bed. He had five one pound notes in his trousers pocket, which were gone, and he charged prisoner with having robbed him of them. Prisoner said he had none of his money. A one pound note was lying on the floor, which prisoner [Peter Allen] picked up and said it was his. Witness went for a constable, and when coming away from the police office, he met four or five men, and told them what had occurred, and that he wanted a constable. One of the men said he was a constable. They then proceeded to the prisoner's house. The man who was afterwards shot [John Johnston] rapped at the door, and said he was a constable, and desired to get in to see about the money. Prisoner opened the door, and witness and Johnston went in, the other men remaining outside. Witness asked for his money from the prisoner, who replied that he had no money belonging to him. Johnston said "you must have got it, or he would not say so," and told prisoner that he had better give it up, or it would be worse for him. Without any further provocation, the prisoner took up a gun which was standing in the corner of the room, and fired its contents at the man, who immediately fell. As soon as the shot was fired the men outside rushed in and took the gun from prisoner, and held him till a policeman came. Some of the men then carried the wounded man to the hospital. Prisoner's wife [Mary Allen] was upstairs when the man was shot. Several other witnesses were examined, whose evidence chiefly related to what occurred after Johnston was shot, as stated by the above witness. The prisoner was then committed to take his trial before the Supreme Court. Johnston still lies in a very precarious condition. [Johnston died a day after] 1861 (Apr) Otago Witness, 27 April 1861, page 5 Inquest. — The adjourned inquest on the body of Joseph Johnstone, who was shot about four weeks since in a house in Stafford-street, was held on Thursday, when the Jury, after having heard all the evidence, returned a verdict of "wilful murder" against Peter Allen, who had been previously committed for trial by the Resident Magistrate upon the minor charge.. [This is Peter Allen, the husband of Mary Allen] 1861 (Aug) Otago Witness, 3 August 1861, page 6 Monday, July 29, 1861. This Court, was opened at Dunedin on Monday, for the despatch of criminal business. His Honor Judge Gresson took his seat on the Bench, at 11 o'clock … …. The Jury then retired, and, after deliberation and examination of witnesses, returned true bills against Peter Allen for murder … … The Grand Jury was occupied from, the opening of the Court till about six o'clock in the evening with the above-mentioned cases. [This is the account of the murder trial of Peter Allen, the husband of Mary Allen. He was found guilty of manslaughter. The children sleeping upstairs, mentioned in the various accounts would have been Jane, Elizabeth and Mary Ann.] 1861 (Aug) Otago Witness, 3 August 1861, page 6 Tuesday, July 30 MURDER. Regina v. Allan [sic] The Court met this day at 10 o'clock, when Peter Allen was placed at the bar indicted for the murder of Joseph Johnston on the 24th March last [1861]. Mr. James Howorth, the Crown Prosecutor for Otago, and Mr. T. S. Duncan, the Crown Prosecutor for Canterbury, appeared on behalf of the Crown. Mr. Cook defended the prisoner. The Grand Jury having found a true bill against the prisoner for wilful murder, the prisoner was arraigned upon the indictment, and was about to be arraigned also upon the Coroner's inquisition, when Mr. Cook objected that the inquisition was informal, not being under the seal of the Coroner. Authorities were cited by Mr. Cook, and The Judge held the objection to be fatal. The prisoner pleaded not guilty to the indictment. Mr. Howorth opened the case, and stated the facts as brought out in the following evidence. Mr. Duncan examined the witnesses. Joseph Lees, on oath, deposed — I was in Dunedin in March last. I think it was Saturday, the 24th. I was in town that night, and in Stafford street between 10 and 11. I met a woman there, [Mary Allen] who asked me if I wanted lodgings, which she said were good. I said as I had no particular place to .stop in, I would go with her to her house. She then lighted a candle and went up-stairs, leaving me in the kitchen alone. She came to the head of the stair and called out to me that my bed was ready. I took off my boots and went up-stairs. There were three beds in the room. I saw a man in one of the beds. The woman pointed out my bed, and then went down-stairs. After she left, I put my trowsers underneath my pillow. I had £5 in my trowsers pocket. I went to bed, but did not put the candle out. When the woman came up, she put out the candle and went to bed. I was half awake when I felt some one pulling at the clothes, and I called out “Who is that ?" The prisoner [Peter Allen] was in the room when I went to bed. When I asked who was that, prisoner called out to his wife to bring him a knife. She gave him no answer, and he went down-stairs and brought up a lighted candle, which he put down on the floor, and said to mc, "Ye beggar, what are you doing here?" and then struck one on the face with his closed fist. I said to him I was a lodger whom his wife brought in. He said, "We keep no lodgers here.” There was a £1 note lying on the floor. He picked it up and put it in his pocket. I said to him it was mine, and he said if I would say another word he would give me the contents of the knife. I put my clothes on and went downstairs, and he followed. I put on my boots, and told prisoner to open the door, which he did. I did not miss anything till he came up with the light I then missed all my money, which I told prisoner of. After I left the house I went to the police station for a constable. There were none at the station then. In returning I met five or six men, and enquired of them if they had seen a constable. One of the men [Joseph Johnston] said, "I am one; what is the matter?" I then told him what had occurred in prisoner's house. Five or six of us went to the house, and Johnston knocked at the door. Prisoner called out, "Who's there ?" One of the men said it was a constable. Prisoner said "If you are a constable I will let you in." He opened the door, and the man that was shot went in. Johnston said to prisoner, I believe you have got this young chap's money. Prisoner said he had only his own money. Johnston said yes you have, or the young man would not have said so. Prisoner then turned round on his heel and took the gun from beside the fireplace. He raised the gun. I could not say whether he raised it to his shoulder or not. He took the gun in both hands, and raising the muzzle, instantly fired it at Johnston. He was about 6 feet from him nt the time. Johnston fell, the shot wounding him in the neck. Two of the other men then came in, and seized the prisoner, and took the gun from him, and held him until a constable came. Prisoner was then given into custody. It was a double-barrelled gun. Can't say whether the gun was half or full cock, but did not hear him cocking it. Did not observe whether the gun was beside the fire when going up-stairs to bed. Cross-examined. — I came from the Molyneux on the Friday. Had £38, consisting of a £5 note, some cheques, and silver. Had not all that money on arriving in Dunedin. I lost it all on the road to town. I went to the man who had drawn the cheque and told him I had lost his cheque on the road coming in. The man went to the bank with me and got a new cheque cashed, — £6 7s. 3d. I had more money than that, which I got from a person on coming into town. I swear I had nothing to drink on the Saturday evening. When I went upsptairs to bed I saw some children in the second bed; I saw two little girls in the room, eight or nine years old. Could not tell whether the children were boys or girls, or their age. When I took off my trousers I counted my money, and I found five £1 notes, and a little silvcr. When I felt my trousers drawn out from under my pillow I woke up, and put my hand out to get my trousers, but did not find them. I did not see the prisoner take the money out of my pocket. There was no light. I made use of no offensive expressions when prisoner called for a knife, after the trousers were drawn out. Prisoner did not tell me to get up and dress myself. He was quite calm, and was standing on the floor, while I was putting on my boots, close to the fire-place. Prisoner said nothing to me at that time, and quietly let me out of the house. I returned with the men in about a quarter of an hour afterwards. Prisoner did not strike me below stairs. It was in the bedroom above where he struck me. My back and Johnston’s were towards the inside of the door, when we went in, and I was not the least excited. It was quite possible that some of the men could have come into the room without us seeing them. A form stood at the right-hand side of fire-place; the gun was close at that side. The form was about four or five feet from the fire-place, close, to which the prisoner was standing. Prisoner turned round and took the gun with his right hand. Johnston and I were still standing in the middle of the room. Prisoner said he had no one's money but his own, upon which Johnston said you must have, or the young chap would not have said so. He immediately turned round and lifted the gun and fired it. The room was quite still, and any one could have heard the gun click. After the gun was fired I heard the woman up-stairs crying. 1 cannot tell how high the gun was held at the time, but the muzzle was raised. Cannot tell whether the lock rested against prisoner's person, but the gun was close to him. Prisoner did not take time to point the gun. I observed his face after the gun was discharged, and he seemed sorry for what was done. Johnston fell immediately the gun was fired. Prisoner stood quite still until he was caught hold of by the men from the outside. I heard no noise outside until the men came in and laid hold of prisoner. There might have been several men behind me without me knowing it. I did not hear the Prisoner express any sorrow for what had happened. He went away quietly with the police. [Questioned by the Jury,Joseph Lees said ] By the Jury. — The second barrel of the gun was discharged by a man after Johnston was shot. I did not previously know the prisoner's wife. [Questioned] By his Honor. — Prisoner opened the door, raid Johnston and I went in. He said to prisoner, I believe you took this young chap's money. You had better givc it back to him. Prisoner said he had no money but his own. "Yes, you have," said Johnston, "only you don't want to say so." I swear positively that that was all that passed before the shot was fired. Neither Johnston nor the prisoner spoke loud, nor did they appear to be excited. Johnston used no threat towards prisoner. I recollect being examined in the Magistrate's Court. I can't recollect Johnston having used the words "You had better give up the money, or it will be the worse for you." Cannot say whether prisoner, when he took the gun, pointed it or not. He raised the gun towards Johnston, but cannot say whether he pointed it at him. He raised the gun at Johnston, and put the muzzle in the direction that he was, but cannot say he took aim. I did not see prisoner's hand on the lock of the gun, nor did I see him draw the trigger. I heard no noise or bustle in the room or outside, before the shot was fired. Prisoner, without any resistance, gave the gun up to one of the men who came in. No struggle could have taken place for the gun, without me seeing it. Colin Campbell, having been sworn, said — I am a seaman. I recollect being in Dunedin about the 24th of March last, on a Sunday morning. I was at the foot of Stafford-street, at the Jetty. I met Burton, the cook of the "Prince Albert" steamer. From information I received I went to a house up Stafford-street; the door was open. I found some of my mates inside. Charles Jesson and Joseph Johnston were the only two of my mates who were inside. I don't remember who the others were. I saw them. The prisoner was there. I went inside. There was a talking; they were talking about money that a man had lost. The man who had lost the money [Joseph Lees] was there. Charles Jesson was talking when I went in. Jesson was the only one I heard talking. I did not hear Johnston or the man who had lost the money. They were not talking loudly or angrily. I then left the house. Some of the other men followed me out. Shortly after I left, a gun was fired ; the sound of the gun came from the inside of the house. I saw Joseph Johnston lying on the floor, and the prisoner with a gun in his hand. I cannot say in what position the prisoner was. I went up to the prisoner and took hold of the gun. He had the gun in his hand, but I could not tell in what position it was. I tried to take it from him; he tried to hold it. He held the muzzle of the gun over my head, and tried to get it down in my face. James Sillers came in and helped me, and took the gun from the prisoner. I looked at the wounded man cm the floor, and then went for a doctor. The prisoner spoke to some one up-stairs, but I did not hear what was said. When I went in they were all there. After the gun was fired I saw no one but the prisoner and the man who was lying on the floor. Cross-examined. — I was standing in the room about three feet from the door. There was a light in the room, but did not observe particularly whether there were a table or chairs, or a form in the room. Did not see any one lay hold of tho prisoner before the shot was fired. When I tried to take the gun from prisoner, he struggled to retain it. I was not aware at the time that one of the barrels was loaded. 1 had a hold of the gun near the muzzle, and prisoner had a hold of the, barrel with both hands, he seemed quite cool, and said nothing at the time about what had happened. I heard the second barrel of the gun fired off in the street. James Sillers deposcd — I was along- with Joseph Johnston on the 24th March last, and remember walking to prisoner's house. When we got there, Johnston went into the house and I stood in the street, during which I heard a gun fired in prisoner's house. I then went into the house and saw prisoner and another man wrestling with the gun, which I took hold of and took away, and asked Colin Campbell to come along. Turning round, I saw Johnston lying on the floor, when I let Campbell go, and took hold of the prisoner and kept him there till the constable came. I fired off the gun in the street; it was half cock. While in the house, I saw prisoner turn round, and holding up his hand, and looking up-stairs, he said, "You may blame yourself for all this." I heard a female crying up-stairs. Cross-examined. — When I took the gun from prisoner, he told me there was another charge in it. I heard no offensive language used; every one appeared to be sober. After the gun was fired, prisoner seemed to be a little stunned. He said nothing about the wounded man. Samuel Jesson deposed to being at the house of prisoner in Stafford-street on the 24th March last. I went with Lees and Rylie, whom I left there. Lees knocked at the door, and a man's voice from inside said he would open. I shortly after returned to the house, and heard Lees tell prisoner that he saw him take his money. Prisoner held out a £1 note to show me. I said I did not want to see his money. "It is plain," said I, " that Lees has been ill-used from his face being all cut. Your wife meets him on the street, and tells him she has comfortable lodgings, and gets him into your house, and you rob him of his money. If you call this comfortable lodgings," said I, "I don’t." Johnston walked over, and touched him with his right hand on the shoulder, and said to him, " Don't get into a passion, old soul." I turned round and walked out, and I just taw Johnston turning to follow. As I got outside, I heard the report of a gun. Sillers and Colin Campbell ran in, and I followed. When I got in, I put my hand on Johnston's breast and said he was not dead. I then went for a constable. This witness was also cross-examincd, but nothing material was elicited. ' John Hyde Harris said : — On the 25th March I went to the hospital in consequence of a note received from Dr. Hulme. I there found a man named Joseph Johnston in bed, apparently in a dying state. I asked Dr. Hulme, in the presence of the man, if he considered him in a dying state. He stated that he did consider him in a dying state. I then requested Dr. Hulme to state so to the man. I also requested him to inform Johnston that I was a magistrate, and had come to take down his declaration. Dr. Hulme in my presence told the man, who understood what I had come for. I took it down in the presence of Dr. Hulme and constable Outram. He was asked to sign it, but could not from being unable to move his arm. [The Registrar here read the declaration of Joseph Johnston. [This is a dying declaration – important document in such cases.] Cross-examined. — The deceased was not urged to make this statement, as I told him he need not make any statement unless he liked, as it was merely voluntary. At times he appeared a little confused, but that proceeded