George Ball

341

Maureen Withey on 7th April 2022

Supreme Court, Hobart Town, Tuesday 1 April. George Ball was charged with stealing from the New Jetty, on the 23rd of March last, ninety pounds of fire-wood, the property of Mr. District Constable Swift. George Jackson examined. - Is a constable; was stationed on the New Jetty on the 23rd of March last; was requested by Mr. Swift to look after some wood, which belonged to him, and which was upon the Jetty. Mr. Swift sent a carter, who took away four or five loads; a strange man came afterwards, and was taking away some of the wood ; witness asked him where he was going to take it to; he said he had given a shilling for it, but would not say to whom; the prisoner was the man; witness took him into custody. Verdict-Guilty. Friday 4th April. On the opening of the Court this morning, the following prisoners were brought up and received sentence, viz. George Ball was sentenced to twelve months imprisonment and hard labor in His Majesty's gaol. Colonial Times, 8 April 1834. His conduct record states he was pardoned this offence. Memo, Col. Sec 15896. 16 July.

341

Maureen Withey on 7th April 2022

The Tasmanian, 9 May 1828. Colonial Secretary Index. BALL, George. Per "Chapman", 1817 1817 Aug 5,9 On return of convicts arrived per "Chapman" who embarked on the "Jupiter" for Hobart (Reel 6005; 4/3496 pp.272, 288) https://stors.tas.gov.au/CON13-1-1$init=CON13-1-1p78 Names of 70 male convicts forwarded per Brig Jupiter to Hobart, details taken from the Indents. Dated Sydney, 9 August 1817. George Ball, tried at Dublin City, 23 July 1816, 7 years. ---------------------------------------------------- Police Report. Wednesday August 15, 1832. George Ball was committed for further examination, charged with stealing a truss of hay, from the Government Carters' Barracks. The Tasmanian, 17 Aug 1832. Police Report. August 23. George Ball was finally examined on a charge of stealing hay, from the Horse Carters' Barracks in Davey-street, the property of the Crown. There being some matters in his favor, and being up to the present time of good repute, he was admitted to bail to take his trial upon the charge. The Tasmanian, 31 Aug 1832. Quarter Sessions, Hobart Town, September 10. George Ball surrendered in discharge of his bail, and pleaded Not Guilty, to a charge of stealing, on the 12th of August, 65 lbs. of hay, the property of the Crown. Uriah Vigor sworn.—I am clerk at the Carter's Barracks; on the 11th of August I set a man named Smith to watch the hay in the yard in which it is kept in Davey street; there was some that came from a contractor in separate trusses; I had counted eleven before setting the watch ; the gate was locked and I kept the key; it was about 6 o'clock in the evening, but Smith had not at that time to watch; the next morning I saw a bundle of hay produced by Smith the Watchman; when I went to the yard and found only ten trusses remaining; the bundle produced by Smith appeared to be of the same description as that in the yard; the value of the truss was about 5s.; the trusses were bound each by two grass bands, as was the one produced by Smith; the gate remained locked as I had left it. Cross-examined by Mr. Sutton on the part of the prisoner.—I have only heard of the prisoner as being considered an honest man; I had missed hay on Tuesday, Thursday, and Saturday evening; Austin, the watchman of the yard, was on duty on Tuesday and Thursday evenings; Smith had not gone in or out of the yard by the gate, he must have got over the palings in Davey-street; on looking at that spot in the morning, I saw foot marks as if some one had stood on tiptoe to receive the hay from a person within; when Smith came to me, he said the man he had stopped with the hay was tall and thin, had a bushy head of hair, and a watchman's coat on, and he thought he should know him, by a particular sort of voice he had in speaking. Thomas Smith, sworn.—I am a constable, and on the 11th of August, was placed at the Carter's Barracks, to watch some hay—and was to secret myself during the whole night, and not to let the regular watchman or any other person see me go into the yard, but to get in secretly the best way I could. I went there about 6 o'clock, and got in through the palings; the night was moonlight and very frosty. I remained there from 7 o'clock until past 4 o'clock in the morning, or it is possible it might be past 5, when finding myself cramped with the cold, I took a walk into the street. I went down Davey-street to the corner of Barrack-street—then returned back past the Carter's Barracks, when I saw a corporal who spoke to me; as soon as he was gone, I saw a man come down Davey-street—he had on a pair of white trowsers, and an old cloth thrown over his shoulders. When I returned up Mole-street, I met a man with a truss of hay on his shoulder—it was the prisoner now at the bar; I did not know the man before I asked him where he got the hay from; he said he had bought it. I said, you have not bought it, but have taken it from the Lumber-yard and that he must go back with me; he said would not. He then let the hay drop—struck me in the face with a bag that he had, and ran away from me; I followed, but did not take him. He was dressed in an old grey coat, or appeared to me as such ; I feel confident the man was the prisoner at the bar. I found the hay where the man had dropped it, and left it there. I went to the Carter's Barracks, and knocked at the gate for ten minutes before the watchman came, and he was so confused, that he was five minutes in locking the gate, and then went with him and fetched the truss to the yard. On the Sunday morning, about 8 o'clock, I went to the prisoner's house in Macquarie-street; he was not at home. I went again two hours afterwards, with a person named Rhodes; I saw the prisoner, and told him he was the man I had seen that morning with a truss of hay on his back; he said, no I am not. I repeated that he was; he said, I must be mistaken. I told him he should hear farther upon it on the following morning; the prisoner followed us some way down Macquarie-street, still saying that he was not person I had seen with the hay. I thought at that time, from the complexion of his face, and his manner of speaking, that he was the man. Cross-examined by Mr. Sutton.—I have more exact in my deposition to-day, than I was at the Police-office. Rhodes went with me to shew where Ball lived, by the description I had given of the man. In order to induce Ball to speak, Rhodes asked him about a horse he had to sell, so that I might be more confident when I heard his voice. By the Court.—When I saw Ball he was not shaved, but in the same state as I had seen him; if the man was on trial for his life I should say the same as I have now sworn to. The man never attempted to get away. Peter Rhodes sworn.—He went with Constable Smith to Ball's house, under pretence of enquiring the price of a horse; when Smith asked him if he did not recollect seeing him that morning; Ball said he never had seen Smith before in his life; Smith then talked with him about the hay; we came away; Ball followed us some way from his house, saying he was not the man, and hoped Smith would not be so hard as to swear to him, as he had a wife and family. Francis Austin sworn.—I am watchman at the Carter's Barracks, but know nothing of Ball. This closed the case on the part of the prosecution The Chairman directed Smith to be re-called. The night and morning was moonlight; I cannot say if the light of it struck on his face when I observed him with the hay. The prisoner on being called on for his defence said he knew nothing of the transaction, and hoped to prove by his witnesses that he was innocent of the charge laid against him. James Burn sworn.—He had known Ball for five years; he had brought a cargo of lime from Brune Island, which was to be carted from the vessel to Mr. Bayley, the carpenter; the prisoner stated that he was not able to carry the bags of lime, and I assisted him to carry them; I stopped at his house all night. I went to bed between nine and ten o'clock and rose again at six in the morning; Ball and his wife had gone first to bed in the same room; I awoke as the clock struck twelve o'clock, and I did not sleep soundly again from that time until I got up the next morning; I can swear that the man could not go out at the door or window from twelve to six o'clock without my knowing it, and am sure he did not go out within those hours; the reason I went to Ball's house on Saturday evening was to collect the lime bags. Cross-examined by Mr. Ross.—I was some time since in Gaol under a charge of sheep-stealing, but there was no prosecution, as I was discharged by proclamation. The witness underwent a very severe cross examination, as to his not having slept from 12 o'clock until 6 in the morning. Elisha Bayley, sworn.—I am a carpenter, living in Macquarie-street; the prisoner has been employed a good deal (for twenty months past) in carting for me; on the 11th of August, a Saturday, the prisoner was carting lime to my house; he was then so lame in his foot, as to compel me to employ another man to carry the bags; I considered the prisoner to bear the character of an honest man. William Fitcher was called, but his evidence was objected to. The Chairman summed up at considerable length, stating the general good character of the prisoner up to the present charge, and left it to the jury to find him guilty or not. Verdict—Not Guilty. It is only a just tribute to the Counsel for the prisoner, Mr. Sutton, to say that this, his first case in the Court of Quarter Sessions, was conducted with a degree of professional zeal and ability, inferior to nothing that has been witnessed in the Court; and it adds greatly to the merit of his services, when it is known that assisted the prisoner quite gratuitously, from an opinion that he had formed of the prisoner, who lived near him, being innocent of the charge. The Tasmanian, 14 Sept 1832.

341

Maureen Withey on 1st April 2022

Irish Convict Database by Peter Mayberry. George Ball, age on arrival, 18, Chapman (1) 1817, Tried at Dublin City, 1816, 7 years. DOB, 1799, native place, Dublin, Trade, Cutler.