Magnus Brush

221

D Wong on 11th May 2017

Old Bailey: MAGNUS BRUSH, Theft > theft from a specified place, 18th September 1811. Offence: Theft > theft from a specified place Verdict: Guilty Punishment: Death MAGNUS BRUSH was indicted for feloniously stealing, on the 15th of August in the dwelling-house of Francis Freeman, six one pound promissory notes, and two one pound bank notes, the property of Philip Collins . PHILIP COLLINS. I am a slop-merchant at Portsmouth; I lodged at Francis Freeman 's public-house one night; I was going off with the coach the next morning. Q. Did you lose any money there - A. Yes, eight pounds; six one pound Portsmouth notes, and two one pound bank of England notes. Q. When was the last time that you saw them - A. When I was sitting on my bedside, going to bed, about half past eleven; I put my pantaloons under my pillow; the notes were in the pantaloons pocket; I missed them in the morning when the coachman came to tell me the coach was ready. That might be a quarter after five. ISAAC SPURRIER . On the 18th of August last, about half past six in the morning, I was sent for into St. Martin's lane, at the Northumberland's Head; in consequence of information I went and searched the prisoner, he was a lodger there, he had been there about fortnight; I went in the room with the landlord, I told the prisoner a gentleman had lost some notes in the course of the night; I asked him if he knew any thing of the notes; he said no; I told him suspicion fell upon him; I searched his nankeen pantaloons, and as he came off the bed he kept his shirt sideway; I saw him keep his shirt in his hand, up against his groin; I pulled his drawers off, I said, now you shall stand up; he stood up, and there was a bundle of papers fell from his privates, the landlord picked them up. The notes are here, they have been in my possession ever since. Prosecutor. That note was mine, it was marked 308 on the back, it is a one pound Portsmouth note. The six one pound Portsmouth notes, and the two one pound bank notes, are all here, they are the exact quantity that I lost. Prisoner's Defence. The prosecutor was sitting in the room drinking with me, he had his papers out, and I had my money out at the time he was sitting in the room, and as to his money, I know nothing about it. Prosecutor. I came into the room where he was, and spoke to a gentleman, and left him there; I was not in his company. GUILTY - DEATH, aged 34. Colonial Secretary Papers: BRUSH, Magnus 1813 Nov 30: His affidavit referred to (Reel 6020; 4/6977A p.109) 1814 Jan 14: Affidavit re delivery of iron to Hobart from Norfolk Island (Reel 6020; 4/6977A pp.115-6) 1815 Mar 15: Re transportation of Brush from Hobart (Reel 6004; 4/3493 pp.483-4) 12/5/1815: Magnus Brush died in Sydney and was buried at the Old Sydney Burial Ground.