Barzilla Bensley

Level 346

Maureen Withey on 3rd July 2020

Commitments. On Saturday last, to the County Gaol, in this town, by Sir C. Blois, bart. Barzilla Bensley, charged with breaking and entering the dwelling-house of Henry Stanford, Westleton, and stealing from thence a certain quantity of pork, his property. Suffolk Chronicle. 4 July 1812. ------------------------------------------------------ Colonial Secretary Index. BENSLEY, Barzilla. Per "Earl Spencer", 1813; of Parramatta 1818 Jul 1 - On list of prisoners presently or lately at Bathurst recommended for mitigation of sentence (Reel 6065; 4/1798 p.107) 1819 Feb 20, Jun 10 - Paid from the Police Fund for fencing the new Government barracks at Parramatta (Reel 6038; SZ1044 pp.9, 56) 1819 Aug 24 - Paid from the Police Fund for fencing at Parramatta (Reel 6038; SZ1044 p.87) 1819 May 8 - Erected fence at Parramatta Hospital (Reel 6020; 2/8130 pp.289-90) 1820 Jun 28 - Memorial (Fiche 3014; 4/1823 No.45) -------------------------------------------------- Barzilla Bensley was indicted for stealing three heifers, the property of the Rev. Thomas Reddall, at Liverpool, on the 23d of December, 1826. Mr. W. C. Wentworth conducted the prosecution. The Rev. Thomas Reddall examined. -- In the latter end of December, 1826 I had in my possession on my farm, three heifers, which I received from the late Mr. Throsby; they were generally black, and branded TY, which was Mr. Throsby's brand ; one of them, I believe, was altogether black, one generally black with a white back, and horns turned down to the face, and one also black with a while streak on the back, but not so much as the other, one of them, I don't know which, was also heavy calf; they had been only a few weeks in my possession when I missed them ; I had them in the latter end of December, and they were advertised in the Gazette in January, after they had been about a fortnight missed. I never had any intelligence of them ; I know the prisoner, he lived about seven miles, direct from my residence, through the bush which is the nearest way; the ordinary way by the Cowpasture-road might be about ten miles. Cross-examined by Dr. WARDELL.--I am not generally acquainted with Mr. Throsby's stock, but I Believe a good many of his cattle are black ; I can't say whether these three heifers strayed, or were stolen; I don't know where Mr. Throsby's herd from which they were taken was. By the Court.--Mr. Throsby had a very large stock, and was in the habit of selling cattle ; I would not venture to swear to those cattle if I saw them again. Mr. Thomas Reddall, junior, examined.-- I remember my father, the last witness, receiving three heifers from the late Mr. Throsby, in the latter end of the year 1826; they were delivered to me for my father, by one of Mr. Throsby's stockmen ; they were branded TY ; they were generally black with white backs ; one was heavy in calf, and they were all in good condition ; they were removed on my father's farm about five weeks before they were missing ; they were advertised, and servants sent every where about the neighbourhood in search of them, but no traces of them could be discovered; the place, where they were kept by Mr. Throsby before my father had them, is about ten miles from my father's farm; I don't know where the prisoner lived; I would know the cattle if I were to see them again, and I think I have described them accurately to the best of my knowledge and judgment ; I saw them the day before they were missed ; they never attempted to stray previously. Cross-examined.--I am not well acquainted with the late Mr. Throsby's stock ; I never saw the herd out of which those heifers were taken before the time when I received them ; the herd was composed chiefly of black cattle, and all marked TY ; I do not know that Mr. Throsby was in the habit of making sales out of that herd, or that he had disposed of any out of it except those three to my father. George Galvin examined.--I lived in the family of the late Mr. Throsby since I was a child; I am now 21 years old ; I am well acquainted with Mr. Throsby's cattle; I remember the three heifers he gave to Mr. Reddall; they were black heifers, one of them had her horns turned down on her cheek; one of them also, had a white streak down the back ; this last is the only one I can speak to at this distance of time; I can't say whether either of them was in calf ; they were two years old, and in good condition when they were delivered up; they were running, before Mr. Reddall received them, at a place called Kitchener's farm, in a paddock adjoining the prisoner's farm; I do not know that my master ever sold any cattle to the prisoner; young Mr. Throsby did, but his cattle were branded differently I am of the opinion that if these cattle had strayed from Mr. Reddall, they would have come back to Kitchener's farm where they had been so long. Cross-examined.-Mr. Throsby sold cattle to various persons; there were other heifers in the herd similarly marked to those in question, and which might have been sold to various persons, from whom the prisoner might have purchased them; there was nothing remarkable in them. Re-examined.-- I don't think that Mr. Throsby sold any heifers of that age, to any person, about the time they were delivered to Mr. Reddall. By the COURT.--Mr. Throsby had large herds of black cattle, all marked T. Y ; I know that the prisoner was possessed of black cattle ; I do not know the brand he used; I think he had an opportunity of knowing Mr. Throsby's brand. Richard Friar examined.-I have lived some time with the prisoner as a servant ; I went into his service in 1825, and remained about two years and a half ; the prisoner was a farmer and butcher, and was in the habit of slaughtering a number of cattle, the meat of which he sent into Liverpool for sale; I know the brand used by the late Mr. Throsby; the prisoner must also have known it, as the farms adjoins each other; I know that the prisoner bought two head of cattle from young Mr.Throsby while I lived with him, but I do not know how they were branded ; I believe those cattle are still up the country ; I do not know of his having bought any from the late Mr. Throsby ; I assisted the prisoner about two years ago to slaughter three heifers branded T. Y. I do not know where they came from; I first saw them in the prisoner's paddock, and I though they were trying to get home ; two of them were killed at one time, and the other five or six days after; I do not remember having any conversation with the prisoner about them ; they were killed for sale; the skins and bones were burnt by the prisoner's direction, that they might not be seen ; they were black heifers with white backs; one of them had only a little white on the back ; I do not remember that any of them was in calf, nor what sort of horns they had ; two of them were slaughtered on the afternoon of the day I first saw them, the other four or five days after ; they were in good order; the meat of two of them was salted, and became spoiled in consequence of the hot weather; I do not remember the month; I do not remember any person coming to the prisoner's farm to look for cattle about that time; it may be about twenty weeks ago since I gave information of this circumstance ; I did not give any information whilst I lived with the prisoner ; I was taken ill in his service, and he turned me away because I was not able to work ; afterwards I went to Liverpool hospital, and I there gave information when I thought I was dying ; the skins were burnt in some felled timber about 100 rods from the prisoner's house ; I think the skins were worth seven or eight shillings each, if taken to a tanner; the tanner lived at Liverpool, within seven miles of the prisoner's dwelling, and where he was in the habit of sending a cart every week. Cross-examined.--I had left the prisoner's service four or five weeks before I gave any information ; I had falling out with him once or twice before I left him, but I do not, remember for what ; the prisoner has charged me with killing two heifers contrary to his wishes, and it might be for that he turned me away ; the three heifers to which I have deposed, were in killing order, and fitter for a butcher than a grazer; all of them had some white on the back ; I helped to kill them, and none of them was in calf that I remember ; it was hot weather, and the meat was spoiled ; the skins would spoil in hot weather, if left to lie long enough ; under some circumstances, burning a skin might be the most profitable way of getting rid of it ; it might be a saving to burn it ; this might be about two years ago ; I do not know where the cattle came from, nor whether the prisoner bought them. Some legal objections were taken by the prisoner's Counsel, and over-ruled by the Court. In behalf of the prisoner, Mr. Patrick Connolly stated, that he is a surgeon residing in George-street, Sydney ; knows a man named Friar; he was a patient of witness's about two months ago ; from what witness knows of him, and what he has stated of himself, witness would not believe him on his oath. Cross-examined--Friar has told me that he had been a pirate and a smuggler, and had committed many murders ; that he would do the same things again, and that he thought nothing of a man's life. Mrs. Mary Woodward.--I know a man named Friar; on Tuesday or Wednesday last he was at my house when I heard him say he was waiting for Mrs. Bensley, to see what tip she would give him, as it lay in his power either to hang or clear her husband. Cross-examined.--I have seen Mrs. Bensley once, but have no acquaintance with her. Mr. Justice DOWLING minutely recapitulated the evidence, and told the Jury that the case rested entirely upon the evidence of Friar. If they believed him to be the witness of truth, and that they were satisfied the cattle stated by him to have been slaughtered, were the same which had been spoken of by the Reverend Mr. Reddall and his son, then the prisoner was guilty of the charge made against him. If, on the other hand, they entertained a reasonable sober doubt, they would give the prisoner them benefit of that doubt, and acquit him. After the Jury had remained in consultation for a considerable time, the Foreman returned into Court, and stated that there was no likelihood of their agreeing in their verdict. Mr. Justice DOWLING stated, if there was any point on which the Court could afford the Gentlemen of the Jury any explanation to enable them to arrive at a conclusion, it would be happy to do so; if not, the Gentlemen should only re-consider the case, and endeavour to make up their minds on it. Alter a considerable lapse of time, the Jury were summoned into Court, and the Foreman having again stated that there was not the slightest chance of their agreeing, the Attorney General consented that they should be discharged. Mr. Justice DOWLING.-Gentlemen of the Jury, you are discharged from giving any verdict in this case. The ATTORNEY GENERAL then prayed that the prisoner might be detained, for cogent reasons, until Wednesday morning. The prisoner was remanded accordingly. Sydney Gazette, 14 May 1828.

Level 346

Maureen Withey on 3rd July 2020

Brinzilla Bensley who, on one occasion so narrowly escaped hanging, his death warrant having been read to him in his cell in the Sydney Gaol, and his grave clothes having actually been prepared and brought to him in his prison, by the introduction of Mr. Peel's late act, received a free pardon for the offence of which he had been convicted and sentenced to death; was subsequently tried for cattle stealing, when the Jury, after remaining out of Court for nearly two hours could not agree upon a verdict, and the Attorney General, in consequence, consented to a verdict of not guilty being recorded. He was again tried (one day this week) on another capital charge of felony, and the Jury disbelieving the evidence, returned a verdict of acquittal. The Crown Officers, though having another criminal information to prefer, were induced to abandon it, and consented to the prisoner's discharge from custody on the last day of the present Criminal Court Sessions. If some men are born to be hanged; others, it seems, are born to escape. The Monitor, Sydney, 7 June 1828.