William Breffit

341

Maureen Withey on 28th December 2021

Thursday, July 14.—James Schubert, an emigrant, charged Cunninghame, and William Briffit, two constables, with a violent and outrageous, assault upon, his person ; he stated that a few evenings since, he was standing in the street with his arms folded talking to a female when the constables came up; Cunninghame thrust his staff into his neck, and told him that was not the attitude to stand in before a constable, and seizing him by the collar commenced dragging him along the street, Briffit busting him smartly on the breach with his truncheon, although Schubert told them his name, and where he resided; after they had wreaked their vengeance upon him, and torn his apparel from his back, they allowed him to depart homewards. The Bench, held both the men to bail to take their trial at the Quarter Sessions for the offence, and two brother traps bailed them. Sydney Herald, 18 July 1831. Another account of the hearing: https://trove.nla.gov.au/newspaper/article/32075786?searchTerm=Cunningham

341

Maureen Withey on 28th December 2021

NOTICE OF PAYMENT INTO POST OFFICE SAVINGS BANK. IN THE COUNTY COURT OF NOTTINGHAMSHIRE, HOLDEN AT NOTTINGHAM. IN THE MATTER OF the County Courts Act, 1887, AND IN THE MATTER OF the trust of a certain indenture of mortgage, dated the ninth day of May, one thousand eight hundred and sixty-eight, and made between GEORGE BREFFITT, of Arnold, in the county of Nottingham, Beerhouse keeper (since deceased), of the one part, and JOSEPH BRIGHT, of Portland Road, in the town of Nottingham, Agent, of the other part. TAKE NOTICE, that on the twenty-fourth day of September, 1873, JOSEPH BRIGHT, of Portland Road, in the town of Nottingham, Agent, under the said Act, paid into the Post Office Savings Bank, at Nottingham, in the name of me, the Registrar of this Court, the sum of £141-8s., and in his affidavit filed in this Court on the 24th day of September, 1873, shortly described the instrument creating the trust, and in his said affidavit the names of the persons interested in or entitled to the fund to the best of his knowledge and belief, are stated as follows, that is to say,-The said WILLIAM BREFFIT or his eldest son, JOHN BREFFlT, or failing all issue of the said William Breffit, John Breffitt the eldest son of the said ZEBEDEE BREFFIT, are the only persons interested in the said fund." AND FURTHER" TAKE NOTICE, that any person interested in or entitled to the said fund may apply to this Court respecting the investment, payment out, or distribution of the fund, or of the income thereof, according to the practice of the Court. Dated the twenty-fourth day of October, 1873, EDWIN PATCHITT, Registrar of the Court. TO WILLIAM BREFFIT, or his eldest son, JOHN BREFFITT, or other the representitives of the said William Breffitt, supposed to be formerly of Arnold, near Nottingham, England, but now, or late of or near, Albury, New South Wales.

341

Maureen Withey on 28th December 2021

On the night of Sunday week, about ten o'clock, as Sutland and Biffit were going their rounds, their suspicions were excited by three men, whom they stopped, and from one of them, Michael Hayes, they took a loaded pistol. Risley was pursued by Biffit, and when within four yards, the former fired a pistol at him, and then flung it into the air. He was floored and searched, when a " jemmy" was found on him. The other man Stuart, with Hayes and Risley were examined ; the first was discharged, the others were remanded, and finally commuted for trial. Sydney Herald, 18 Apr 1831. Wednesday, June 8.—Before Judge Dowling, and the usual Commission. William Rizley was indicted for discharging a loaded pistol at constable Briffit, with intent to prevent the lawful apprehension of his person, and Michael Hayes for aiding and assisting, at Sydney, on the 3d April. The prisoner Rizley was found guilty, and having been called up for judgment, the learned Judge passed the awful sentence of death upon him, impressively entreating him to prepare for a future state, and advising him to cherish no hope or any mitigation of punishment. Hayes was found not guilty, and remanded. Sydney Herald, 13 June 1831. The undermentioned capital convicts have been respited to the following punishments.— … Rizley shooting at a constable, to be worked in chains at Norfolk Island for life; ... Sydney Herald, 18 July 1831.

341

Maureen Withey on 28th December 2021

NSW Convict index. William Breffit, per Shipley, 1830. Certificate of Freedom, 6 May 1830, 30/0255. Applications to Marry. William Breffith, per Shipley 3, age 32, 7 years, Free; and Eliza/Ellen Thompson, per Sovereign, alias Holland/Hudson, age 26, 7 years, Bond. Date of permission, 29 Mar 1831, Sydney, Rev. J. J. Therry. MURDER. A Coroner's Inquest was holden at the Ship Inn, Clarence-street, on Wednesday last, on the body of Ellen Breffit, who came to her death by means of blows on the head. The Jury retired to the house a few doors from the Ship, to view the body, and again assembled, when Hannah Cole was sworn — I have resided next door to the deceased's house for fourteen years. Between 12 and 1 o'clock last night, I heard Breffit calling his wife bad names. I was in bed at the time, and did not get up. I did not hear any blows given, nor did the deceased, cry out. The last time I saw the deceased, was about four o'clock. Yesterday afternoon she was washing, and appeared quite sober. She said, that she was tired of washing. The name that I heard Breffit call his wife was, " a dirty b—h." Breffit was not at home when I saw the deceased at 4 o'clock in the afternoon ; I think he was on duty ; he is a constable. About 4 o’clock this morning, Breffit knocked at the door, and asked if I was in ? A young man who lives in the house gave him a light, and asked him what was the matter ? Breffit replied, that his wife was dead ; I did not go into the house myself. Examined by the Jury.— A little before seven, I got up, I was very frightened and ran up to the Police to give the report. I thought it was necessary for some person to be acquainted with it. Breffit did not tell me that his wife was dead, but he told the young woman who lives in my house, and the latter went in and examined the body, which she told me was much beaten ; I have not said to any person that I heard Breffit beating his wife. When I spoke to the deceased at 4 o'clock yesterday, the house was in good order ; there were no broken tables or crockery about the house. I have known the deceased and her husband about eight or ten months ; they were civil, quiet neighbours. During the time I have known the deceased, I never knew her to be drunk, at least not so much so, as not to know what she was about. Patrick Coulon sworn — I am a dealer ; I live next door to Wm. Breffit ; about seven o'clock last evening, I was in company with Breffit, who was very drunk. I was taking a glass of brandy with him at a public house about two doors below where I live, kept by a person named Brodie. Breffit is a very passionate man when in liquor ; I remained with him about ten minutes, and I then left him. When I returned home the deceased was standing at the gate of her house, and she called to me, and asked me to come and take home Mrs Cole, she being drunk in deceased's house ; I went in, and saw Mrs. Cole sitting in a chair, very drunk. I took her up and the deceased took a candle in her hand and preceded me into Mrs. Cole's back kitchen ; the deceased (who was also drunk,) fell down. When I placed Mrs. Cole on a chair, I told the deceased to wash her face, and get sober by the time Breffit came home, or he would have a row with her. I told her to get Breffit's tea ready ; she did not receive any injury from the fall; she washed her face while I stood there ; Mrs. Cole's door was not latched, and the door kept slapping too ; I went and brought Breffit down and he locked Mrs. Cole's door and took the key with him to prevent the house from being robbed. Breffit wanted me to go to Brodie's again, but I had no money and did not go ; he went up himself, and afterwards came to my house, (this was about half-past seven), and he then went home. Ten minutes after Breffit went out, the deceased came into my house ; she told me that Breffit was drunk and was abusing her ; I went with the deceased to pacify Breffit, and when I was in the house, he found a small bottle of rum planted, which he broke and spilt ; the deceased said, that Mrs. Cole had brought the rum in, and left it there. I pacified them both and left them. I have know them about nine or ten months, and never before saw a mark from any blows of his on her person. Breffit told me, that he tried to make her as comfortable as possible, but that whenever he turned his back, she always got drunk. To my knowledge, Breffit has often sprung the plant of her rum bottles, and after he had shewn them to me, broken them ; they were continually quarrelling. About nine, I heard them quarrelling, and Breffit then called her a drunken w—e ; they were both in the house, the door and windows closed. I heard her reply, but did not hear the words, and I then went to bed, and heard nothing more until this morning. I rose at seven o'clock this morning, when I saw Mrs. Cole, who said to me, ' have you not heard of it?" I thought, perhaps, that Mrs. Cole had been robbed ; Mrs. Cole then told me that Breffit had killed his wife. I believe there was jealousy between Breffit and his wife, but I never saw any men go into the house, except constables or persons having business. I did not see her at the washing-tub yesterday ; I have not seen Breffit this morning before I saw him in this room. By a Juror. — The deceased was a very steady woman, when sober ; her house was always very clean. Breffit made an attempt to strike her when I was there, but she ran behind me. I helped her to carry in the washing tubs, I took one handle of the tub, and the deceased took the other handle. I did not see Breffit tear her things off her; nor is she in the habit, as far as I know, of tearing her things off. Indeed, I could not well tell whether she was drunk or sober. I believe Breffit was jealous of his wife; I have heard from Breffit himself, that he had found her out in infidelity to him. I cannot say who It was with, whether a constable or not. A constable would be as likely to commit such an act as any one else, if he got a chance.- I cannot say whether Breffit went out after I saw him at home at nine o'clock. Bryant Payne. — I am a painter by trade, and live in Mrs. Cole's house, which is next door to Breffit's. About four o'clock this morning, Breffit knocked at the door. I came and asked him what he wanted? he replied, "Ellen (meaning his wife) is dead." I went into his house with a candle, and saw the deceased lying on the bed naked, with the exception of a pair of black stockings. I saw a bruise on her thigh, and I think another mark on her face; I was much frightened, and went away. Dr. Bland certified, that he had examined the body of the deceased; that there were several wounds on the body of the woman, and from the effects of which the deceased met her death. There was one on the right side of the head, and another at the back part of the head. A quantity of extravasated blood was collected under the right anterior lobe of the brain, and a quantity in the region of the cerebullum. Death must have ensued from the former; a fall could not have occasioned so severe a blow, not being sufficient to cause death. Half an ounce, of serious fluid was also found in one of the ventricles, but this did not occasion the death of the deceased. Bryant Payne re examined. — This was about five o'clock. I did not make an alarm at that time. I did not know but what there were other persons there. At seven o'clock I told Mrs. Cole to report it. I heard no noise in the house. James Tobin, Conductor of the Police, deposed, that he called the prisoner up at eleven o'clock, when he was very remiss in going to his duty. Saw no particular circumstance in his conduct to attach suspicion to him. Danl. Ryan called the prisoner to go on duty at half past eleven o'clock. Heard groans proceeding from tire bed room of the deceased, but did not go into the house. The groans were Oh ! Oh ! Oh ! uttered in a plaintive tone. Waited four or five minutes at the window, and could not be mistaken. The Jury retired about ten minutes, and returned a verdict of Ann Breffit came by her death, in consequence of blows inflicted by her husband William Breffit, in a moment of great mental excitement, from jealousy and intoxication. *This observation is no evidence, and is mere permitinence on so solemn an inquest, Ed. Hills Life in New South Wales, 27 July 1832. -------------------------------------------------- The trial of Breffit, for the alleged murder of Ellen his wife, took place yesterday, but as we detailed the whole of the evidence in our report of the proceedings in the Coroner's Inquest, a repetition now would be irksome to our readers. Several witnesses, among whom was the brother of the deceased, gave the prisoner an excellent character for sobriety, humanity, and uniform kindness and affection to his late wife. The Jury, after about half an hour's deliberation, returned into Court, finding the prisoner guilty of manslaughter only, and the Court thereupon sentenced him to be transported for the term of seven years Sydney Gazette, 4 Aug 1832