Mark Balls

342

Maureen Withey on 26th April 2023

Convict Application to Marry. Mark Balls, per Mangles , 3; age 54, Life sentence, T. of L. and Mary Dogin, age 23, came free, Free. Requested by Rev John Vincent, Sutton Forest, 23 April 1840. --------------------------------------------------------------------- NSW Marriage Regs. Reg No 613/1840. Mark Balls and Mary Dogin, (District CT. Church of England, Black Creek; Bulwarra; Cloden; East Maitland; Hinton; Hunter District; Maitland; Morpeth; West Maitland) --------------------------------------------------------------------- Mark Balls's house was robbed in 1845. STEALING IN A DWELLING AND PUTTING IN BODILY FEAR. John Barrett and Daniel Dickenson were indicted for having, at Mittagong, on the 5th of May last, with another man, at present unknown, forcibly entered the house of Mark Ball, put the inmates in bodily fear, and robbed the premises of wearing apparel to the value of £10, and some provisions. According to the evidence, about dusk on the evening of the day already named, a man, answering the description of the prisoner Barrett, entered the house of the prosecutor, and asked for a light to his pipe, which he got, and left, apparently in a hurry. About an hour after, a man in the service of Mr. Throsby came to the house, and asked lodging for the night, as it was raining, which was granted. He went to the verandah to fetch in his wet great coat, in order to get it dried, and while returning to the door, three men, armed with muskets, rushed round the corner of the house, placed the muzzles of their muskets close to his back, and pushed him into the house, and compelled him to turn his face to the wall ; they also compelled the prosecutor and his wife to take a similar position ; one of the three men then took his station outside the door, a second, who it appeared was Barrett, took his station with a musket in such a position as to cover the party who were bailed up, and told them to make no noise, or their lives should pay for it. The third intruder then commenced searching the house by entering Mrs. Ball's bed-room, taking all her clothes from her box, tying them up in a bundle, and handing them to the man outside the door ; the man last mentioned was supposed to have been the prisoner Dickensen by the prosecutor, who got a glance at him when they were rushing Throsby's man into the house ; as it was dark at the time, he could not have seen him but for two flashes of lightning which took place at the instant Mr. Throsby s man was rushed in ; and as all the three had crape on their faces, he could only speak to his figure. Mrs. Ball swore positively to Barrett, whom she knew perfectly well before the time of the robbery ; she also, while bailed up, got several opportunities of looking at him. After the third man had handed her clothes outside the door, Barrett insisted on her telling where her money was concealed ; but as she had none, he told her that none of her clothes would be returned. The man who took her clothes then took down a piece of pork, went into the store, took some tea and sugar, and also a pair of trousers belonging to Mr. Throsby's man, tied them all up in a second bundle, handed it out, and then went away ; on which Barrett, having previously threatened to serve them worse at another time if they gave any alarm, also left the house, after being in possession of it for about an hour. Another similar outrage having been committed in another house in the same neighbourhood, Sergeant Freer, of the Mounted Police, having received information which led him to suspect the prisoners as the men who had done it, went to the house of one M'Gwynne, in the neighbourhood of Ball's house, (where both the prisoners were lodging) and apprehended them. When the prisoners were brought before the Berrima bench, Ball and his wife having both identified the hat worn by Barrett as the one he wore on the night of the robbery, and several other circumstances of a suspicious nature coming to light, the prisoners were committed for trial. Sydney Morning Herald, 9 Sep 1845. ---------------------------------------------------------------------- Death Registration. Death Reg. No 780/1846. Mark Balls, age 60, District, CV. (Church of England, Berrima; Bong Bong; Sutton Forest; All Saints (Co. Camden) ) --------------------------------------------------------------------- After his death, his wife was raped and the case reported: RAPE John Jones was indicted for having, on the 11th of May last, assaulted and violated one Mary Balls. The prisoner pleaded not guilty, and was defended by Mr. SUTTOR. The prosecutrix in this case was a young widow, who, at the time of the occurrence was residing at Mittagong, near Berrima. The husband of the prosecutrix had died some time before this, and for eight or nine months previous to his death they had lived at Mrs Cutter's Inn. While they were stopping at this place, the prisoner, according to Mrs Balls' own admission, carried on a criminal intimacy with her, but this intimacy was discontinued after her husband's death, notwithstanding the desire of the prisoner to prevent it, and notwithstanding his offers of marriage to the prosecutrix. On the evening of the day named in the information, the prosecutrix was drinking at Mr. Cutter's Inn, in company with a Mrs. French, who started away with her to go home to French's mill, when they were overtaken by the prisoner, who carried off Mrs Balls, and with considerable violence accomplished his purpose. Mrs. French, who came to the rescue at the time the prosecutrix called for assisance, was beaten by the prisoner. The prosecutrix remained in the bush until she was found by her companion's husband, (French), at which time she exhibited evident symptoms of ill usage, according to the testimony of French. Mrs. French, however, remained in the bush all night, and came to Cutter's at an early hour on the following morning, when complaint was made of the ill usage which the prisoner had inflicted on the prosecutrix. On hearing this complaint, the prisoner obtained leave to go to Berrima for the ostensible purpose of lodging a complaint against these women for having assaulted him ; but he did not make any such complaint, while the prosecutrix and Mrs. French lost no time in bringing forward their accusations. There were some contradictions between the evidence of the two women upon minor points, and they appeared to have been drinking a good deal before this; although from their own evidence as well as from that of the witnesses who observed them, they were not so far gone as to be unable to walk, or not aware of what they were about. On the part of the prisoner, witnesses were called who gave him a very good character, while both the women, and more especially the prosecutrix, were said to be very loose characters. His HONOR having summed up, the Jury after having retired for a few minutes acquitted the prisoner, who was admonished and discharged, the ATTORNEY-GENERAL declining to prosecute him upon the charge of assaulting Mrs. French, for which, as well as for the rape, he had been committed. The Court adjourned until nine o'clock on Monday morning. Sydney Morning Herald, 15 Sept 1846.

342

Maureen Withey on 26th April 2023

Hulk Records Portsmouth. HO 9-8-5 page 19/53. From Bury St Edmunds, 16 Sep 1823. John Balls, age 33, Sheep stg, tried 24 July at Bury St Edmunds, Life. NSW. 29 June 1824. Marks Balls, age 36, Sheep stg, tried 24 July at Bury St Edmunds, Life. NSW. 29 June 1824.

342

Maureen Withey on 25th April 2023

Committed to our Gaol. — John Balls, Mark Balls, and Mark Moulton, (by the Rev. J. R. Deare) charged with stealing two sheep, in the parish of Bures, the property of Mr. John Bush, of Wormingford, Essex. Bury and Norwich Post, 23 April 1823. Suffolk Assizes. John Balls and Mark Balls were found guilty of stealing two sheep from a field in Bures, the property of Mr. James Bush, of Wormingford, Essex. Mark Moulton- Not Guilty. Ipswich Journal, 26 July 1823. On Monday last the following male convicts were removed from our Gaol to the Hulks at Portsmouth : — Mark Balls, John Balls, Abraham Gill, John Reeve, and James Cobbing; all to be transported for life. Bury and Norwich Post, 17 Sept 1823.