Robert Cave

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Dianne Jones on 19th April 2022

From the "Convicts associated with Toodyay" database: Cave, Robert (1826-1891), #9687, 1868-01-10 Hougoumont CWA: Mar; 2 chn; lit Prot; arson 10 yrs; bootmaker; Perth, Fremantle, Toodyay, Swan, bootmaker worked for self 1875-1876. BDWA: Cave, Robert, b. 1828 [?], d. 11.10.1891 (Geraldton C/E), arr. 10.1.1868 per Hougoumont, wife & 2 chd. in U.K. Employed a T/L man at Toodyay 1870. ? Perth. bootmaker (1884-5 Alm). Ancestry: WA Convict records: General Register for Nos 9059 - 9598 cont., 9599 - 10128 (R15 - R16): P572: 9687 Cave, Robert. Hougoumont. Working at Toodyay 6 months Jan-June 1873, for a J.G. Woods [prob J.T. Wood]. (https://www.toodyay.wa.gov.au/) --00--

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Dianne Jones on 19th April 2022

From his Fremantle jail record: CAVE, Robert; inmate #9687, arrived 10 Jan 1868, per Hougoumont Date of Birth: 1826 Marital Status: Married 2 children Occupation: Boot maker Literacy: Literate Crime: Arson Sentence Period: 10 years Ticket of Leave Date: 23 Nov 1871 Certificate of Freedom Date: 9 Jan 1877 in Perth Comments: Boot maker, self-employed, 1875-1876 (https://fremantleprison.com.au/). --0--

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Dianne Jones on 19th April 2022

IN WA: 10 January, 1868: On arrival, listed as #9687, 40, married with two children, bootmaker, literate, Protestant. Behaviour in prison "moderately good"; on voyage "special recommendation by Surgeon superintendent for good conduct". Next of kin -- EA Cave, Churchyard, Ashford, Kent (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; General Register for Nos 9059-9598 cont., 9599-10128 (R15-R16)). --0--

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Dianne Jones on 19th April 2022

TRIAL contd: JOSEPH SIMPSON (re-examined). These are the same I saw when I went in the shop at first and saw the prisoner there—it was about a quarter of an hour after I went upstairs and heard a noise that I came down again. JAMES PRESCOTT (continued). These crackers have never been ignited. COURT. Q. Had you had any complaint about putting any squibs under a door? A. About a week previous to this affair there were some squibs put into the letter box, and the keeper of the house opened the door directly and did not see any one. JAMES POTTER. I am one of the Metropolitan Fire Brigade—I was called to the prisoner's house on the morning of the 12th December—the fire was out then—I went into the shop and smelt paraffin oil—I looked in the cupboard and found the shelves covered with paraffin oil, and some paper that had been alight lying on the top of the shelf—I examined both shelves—if paraffin oil hod been spilt on the top shelf it could not have spilt to the bottom one—it must have been from two-different sources. JAMES MITCHELL. I am a horsekeeper, living at 86, High Street, Fulham—between ten and eleven on the night in question I was standing at the corner of the street for about three or four minutes, and heard squibs issuing from the doorway of the prisoner's house—I had not seen anybody standing outside the door before that—I cannot say whether it was the door leading into the passage or into the shop—it appeared to me to come from the inside to the outside—I saw a man come out a few minutes after the explosion—he had got a pair of light trousers on—he walked down to the corner of Mr. Parker's shop, looked round, turned, walked indoors, and shut the street door after him—I should say where I was at the corner was about thirty-five yards from the prisoner's door—I did not see a soul outside, during the three and four minutes before the explosion. WILLIAM DULLAGE. I am in the service of Mr. Hound, a grocer of High Street, Fulhara—about half-past eight or nine o'clock on the 11th December I served the prisoner with a pint of paraffin—I put it in this bottle (produced)—I do not know exactly how much it would take to supply a lamp. Prisoner. Q. Was a pint of oil the usual quantity of oil I had at your shop? A. Yes; you had only one pint in the course of the week—you had had one about a week before. ARCHER BANNER. I am in the service of the Scottish Mercantile Insurance Company—this policy is signed by the directors and issued from our office—it is from Christmas 1866, to 1867, 100l. on the stock, and 100l. on the furniture—I have been to the shop since the fire—the fittings in the shop are worth 7l. to 10l., the sewing machine about 15l., and the furniture might fetch 25l. if sold at an auction—I do not think the fittings belonged to the prisoner. Prisoner. Q. Do you include the working materials? A. Yes; the stock and utensils would fetch about 10l., altogether about 60l., that is supposing all had been destroyed. WILLIAM BROOKER. I live at Fulham, and am agent for the Scottish Mercantile Insurance Company—the prisoner came to me in October for the purpose of effecting an insurance—I think the whole amount was 200l.—I took the policy to the prisoner's house, and remarked to the prisoner the small stock he had in his shop—he said he expected the stock in, and he had work from persons in the neighbourhood and he expected to do very well. Prisoner's Defence. I have been living in the house nine months. I never went to a public-house. I was sitting in my parlour reading, and, my child having the whooping-cough, and my wife also having a cough, I went upstairs with them and came down again. I was going upstairs to tell my wife what a noise there was, when I heard another explosion. I said I would go the next day to a Magistrate, but my lodger told me to go to a policeman that night. I told the policeman I should go to a Magistrate the next day, and showed him the two squibs not exploded. I never thought of looking in the cupboard. I went to bed till about ten minutes or a quarter past twelve, when Simpson said the house was on fire. I ran down, I thought with the key of my shop, but when Simpson asked for it I could not find it. There being a good supply of water, I worked with the rest and put the fire out. I went over the house with the police, and found fifty-two Bow Bells, which were smouldering. There were two 5l. notes in the cupboard, and in the excitement I did not think of them; but I thought of them when I was in prison, and the name on one of them was Williams and Sanders. I was about to fill the lamp, and the top of it came off, and the oil ran into the cupboard. I stated at the police-court where I bought the oil. On the first examination the inspector said the bottle was dry, which I deny. The carpet did not reach the door by two inches. Simpson said there was not a person in the street. On the second examination he was not present, and Mitchell gave evidence that a person went out of my house. Simpson said on his first examination that he left the house and went to the pump. I have lived for forty years without a stain on my character, and I should not endanger my wife and child in that manner. GUILTY.— Ten Years' Penal Servitude." (https://www.oldbaileyonline.org/) --00--

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Dianne Jones on 19th April 2022

TRIAL contd: COURT. Q. After you ran upstairs the second time did you have any further conversation with the prisoner? A. No, I do not know how the door was opened between the passage and the shop—the prisoner had his trousers and shirt on, but not his coat and waistcoat—I do not think he had his shoes and stockings on—his bedroom was at the top of the house—his wife and child were with him—it was a quarter to one I think when I ran down from smelling the fire—I had returned about an hour and three-quarters from sweeping the crackers out—the prisoner generally went early to bed, between nine and ten—I thought it was very unusual for him to be up at this hour—I do not know where he had come from the first time I saw him in the passage—I had not noticed his movements—I have been there since September, and some friends of mine have been there longer than that. Prisoner. Q. Do you know that I was in the back parlour before the fire occurred? A. I do not—I do not know whether it was your habit to go to bed with your wife, and then come down again—I have not heard you go up with your wife and child, and then come down again—I have not been home at that time in the evening—very likely you worked late when I was in the house—you were generally industrious, and never at a public-house—there were only three squibs there when I saw you put your foot on them—I do not know whether there was interval enough for them to be pushed under the door—they were fitted right underneath the door—I did not look to see if they projected to the outside—there was space enough to admit them. MR. SLEIGH. Q. Are these the fireworks (produced) you describe as being along the passage? A. Yes, the passage goes right down to the back wall of the house. JURY. Q. Is there any communication with the passage and the shop? A. Yes, there is a door. MR. SLEIGH. Q. You do not speak of any crackers being under that door? A. No, when I went down the first time the door between the passage and the shop was closed—I also found it closed when I went down the next time—I did not notice whether the door leading from the passage into the parlour was closed—there are two communications with the parlour. JAMES PRESCOTT. I am inspector of the division in which the prisoner's house is situated—in consequence of a communication I went there—there are two floors, and two rooms on each floor—it is a house of about 25l. a year—I made this plan—when I got there the fire was quite extinguished—I saw the prisoner within five minutes after my arrival—I asked him if he was insured—he said, "I am, I will show you my policy," which he fetched from upstairs and showed to me—this is it (produced)—(This was a policy effected on 16th October in the Scottish Commercial Insurance for 200l. on the stock in trade and household goods)—I gave the policy back to him, because I had not examined the premises—I found on him this paper, which I took to the station—it is a list of 200 pairs of boots, and here is written a sum of money—in the cupboard in the back parlour I found there had been some paper on fire—the inside of the cupboard door was much scorched and blistered black—the under part of the shelf was scorched black—it had been on fire, but had been put out—the passage door from the passage into the parlour would be on the left side—you would have to go across the whole width of that room to go from the door to the cupboard—when I went in, the constable was standing with the paper—the cupboard door had been opened—the papers were in a packet about nine inches thick—I examined the parlour floor, the door of the passage, and the door of the cupboard, to ascertain if it had been ignited, and found no communication whatever—no marks on the carpet, nothing in the shape of what had been on fire—when I went through the passage I said, "What a strong smell of paraffin oil!"—the prisoner replied, "Yes, it is what we burn"—I observed a stronger smell in the shop—on going into the shop I found the window frame, the show board, part of the shutters, and part of the counter had been very much burnt, but the part of the counter that was burnt was further from the window—there were three feet intervening between the show board and the counter—there was nothing between the board and the counter—there were about two feet of the counter not destroyed which was nearest to the shop window—the portion of the counter that was burnt was in the back part of the shop—there is a cupboard in the shop—I observed that two shelves at the bottom of the cupboard had been smeared with paraffin oil—the cupboard door was closed, but not locked, when I got there—on opening it I found the shelves partly wet with paraffin—on the bottom shelves I saw the remaining pieces of burnt paper, which were just scorched—on the other shelf I found that piece of board, which is quite smothered with paraffin oil—it smelt of paraffin—the bottom of the cupboard was the floor, which was smeared with paraffin—I could not distinguish it that night, in consequence of the water, but I did the following morning—the bottom shelf could not have got any trickling from the top shelf, but each was smothered separately—an adjoining cupboard on the same side of the shop I found covered with paraffin oil—the cupboard doors hung on a hinge, so that when you opened one the other swung back in its place, so that both could not be opened at once—on the top of the cupboard I found this bottle (produced), containing about half a quartern of paraffin, and a paraffin lamp with no paraffin in it— there was no paraffin on the top of the cupboard—there is a trap door at the top of the house and a fire escape—I said to the prisoner, "This is a very suspicious case; I shall feel it my duty to detain you, and charge you with setting fire to your house"—he said nothing—Simpson said, "On hearing a noise like crackers going off in the passage I ran downstairs and saw them in different parts of the passage, and a man standing in the corner of the passage; I caught hold of him and said, 'Who the devil are you?' he said, "It is me'"—the prisoner replied either, "That is a lie," or "It is not true," I will not be positive—I said I would have no alternation there, the case would be investigated before a Magistrate—the prisoner gave the key of the shop up to me at the station and a piece of paper purporting to be an inventory—the key fits the door from the passage into the back parlour, which had been forced open by some person who put the fire out—the distance from the shop fire to the back cupboard is twenty feet through the passage and door—the following day I examined the furniture and took stock of everything that was in the place—I found twenty-five pairs of boots in the shop, thirteen in a cupboard which had not been burnt, and twelve pair on the snowboard—that was the whole of the stock of the shop—there was not any article wholly destroyed—in the back parlour there was a table, a dozen cane-bottomed chairs, and some other things—in the bedroom there was a bedstead, a mattress, bedding, two beds, and a washhandstand—the value of the furniture I found in the house would be about 25l.—it would not fetch 25l. at a sale—there was a sewing machine in the back parlour, which was worth 15l.—I saw his wife take that, and I believe it was put away for 30s.—these are the crackers (produced).

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Dianne Jones on 19th April 2022

TRIAL contd: JOSEPH SIMPSON. I was steward of the ship Fairy Queen, London, on 11th December last, and lodged in the prisoner's house in High Street, Fulham—I slept there on the night of 11th December—I heard something—I had not gone to bed—I was upstairs in my room, when, about ten o'clock, we had sent the little girl out for some refreshments, and she had left the door ajar, and all of a sudden there was a tremendous blow—it was like fireworks going off—I immediately ran downstairs and saw a man in the passage—I caught hold of him by the shoulder—he was in the middle of the passage, about six or eight yards from the door—the passage runs from the High Street right through to the back of the house—it is a deep house—when I caught hold of him I said, "Who the devil are you?" he said, "It is me"—it was the prisoner—he appeared to be standing looking at the fireworks in the passage—I saw fireworks going off up and down and all over the passage—the prisoner was not trying to put them out that I saw—I ran to the door to see if there was anybody outside, and came back, and he said, "This is not the first time my house has been attacked"—I afterwards saw some fireworks under the shop door going off—I said, "It is nonsense; people cannot stop in their houses," or something of that kind—he said, "I shall make a complaint, to the Magistrate in the morning"—I did not see any man outside at that time—after I looked out I went back upstairs again—the fireworks in the shop occurred a quarter of an hour afterwards—I had gone up stairs—when I saw the fire works I called for a broom to sweep them out—I swept the remaining two or three crackers into the back yard—I went up stairs and came down in a quarter of an hour—as we were sitting there we heard the prisoner running down stairs—I went up stairs after I swept the remainder outside, and left him in the passage leading to the street door picking up the remaining pieces—I do not know what became of him after I went upstairs—he came running up stairs and said that there was another one going off, and immediately after there was a report of a squib—I followed the prisoner down—there were three under the shop door—they appeared to be in the shop—one had gone off—I sang out for some water—the others appeared to be alight—the shop door was closed at that time—when I came down the second time, the passage door was closed—nobody from the street could have thrown in the squibs without opening the door—the door that leads into the shop is different from the one into the passage—the fireworks were under the door leading into the shop, which was shut—when I told him to get some water he said, "I will put my foot on them," and he immediately stamped them out—I did not say anything more with regard to any other fireworks—he picked the squibs up from under the door—I did not look at them—I did not see whether they had been alight or not—I did not notice them after he picked them up—he held them in his hand—they were alight, and were put out by the prisoner—when I went down the first time I did not see anybody but the prisoner, but the second time I went down I looked out in the street and saw a man in the shade of the wall close by—I ran out to see who it was—I saw the man and knew that he had just come out of a public-house close by—I then returned back to the house and closed the door after me—I went up stairs and went to bed about twelve o'clock—I did not go to sleep—after I had been in bed some time I smelt smoke, which induced me to get up—after I had looked under the grate, as I thought it might be a hot cinder, I went down stairs and opened the street door—I did not look at the shop door leading from the passage at that time—when I came back I smelt a strong smell of fire leading from the shop, and saw some smoke coming from the crevice of the door—on that I immediately ran upstairs and roused the people up—I did not see the prisoner when I was going upstairs—after giving the alarm the prisoner came running downstairs—I asked him for the keys of the doors leading into the back parlour and shop—he said he did not know where they were—he appeared in a very confused state—he followed me downstairs—I went upstairs again, in order to save my sister's children, and gave them to a policeman—the prisoner's wife and child were sleeping at the top of the house.

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Dianne Jones on 19th April 2022

TRIAL: 7 January, 1867: Robert Cave was tried and convicted at the Old Bailey; see his trial transcript below: 180. ROBERT CAVE (39), feloniously setting fire to a dwelling-house, Joseph Simpson and others being therein. MESSRS. SLEIGH, WILLIAMS, and SHARP conducted the Prosecution. GEORGE WELLS (Policeman 129 T). I was on duty on Tuesday night in High Street, Fulham—the prisoner is a boot and shoe maker at No. 63—the house next to his was occupied by an oil and colourman—at twelve o'clock my attention was called to the prisoner's house—he was at his passage door—there are two doors, one into the shop and one into the private part of the house—he said, "Some one has been throwing fire-works into my passage, and likewise placing squibs under my shop door"—he also said, "I shall go to a Magistrate"—I said that would be useless, he had only to refer to the police, and they would make every investigation, and that I would do all in my power to investigate and find out who had done it—he said one of the squibs in the shop had exploded, and the other two he put his foot on and trod them out—he produced the remains of one—I was standing at the passage door—I went into the shop—he gave me these two squibs (produced), which I took away with me—he said it was a very bad job, and that it was a very dangerous practice to throw them in—I said it was, and I would do all in my power to try and find them out—then the sergeant came, and we went and examined the place with the prisoner, to see if anything was set on fire, and we found no fire, either in the shop, passage, or parlour—the prisoner said he was satisfied there was nothing on fire, and I then went away—at the time the prisoner called me I did not see any person near him in the street—about a quarter to one, being still on the same beat, I heard a cry of "Fire!" and "Police!"—I was then about 150 yards from the prisoner's house—I went there and found the shop window, shop boards, and counter in flames—I did not see anything of the prisoner then—I went to get the water turned on, and with the assistance of others the fire was put out—the children were escaping from the house at the time—I did not go away from the house when I went to get the water turned on—it might have been ten minutes or a quarter of an hour after I went to the house and saw the flames that I saw the prisoner—he was in the passage—I fancied I could smell more fire about the place somewhere, and said, "What is that door leading from the shop?"—he said, "That is my little back parlour"—I said, "Will you open the door?"—he said, "Yes," and opened it—as soon as the door was opened I said, "I believe the fire is in here"—he said, "I think it is"—the door was closed, not locked—he went across to the farther end of the parlour, opened a little cupboard, and said, "Here it is"—there are two folding doors to the cupboard—I found a bundle of papers tied up in the cupboard on fire—they were at the bottom of the cupboard, level with the floor—it was a side cupboard with a shelf at the top—this is a portion of the papers—it was smouldering—they were about nine inches high—it was a square bundle, tied up tight round the middle—they were pieces of Bow Bells and pieces of music—all the woodwork of the cupboard was scorched inside by the fire—the cupboard doors were shut when I went in—the upper portion of the cupboard had no appearance of fire whatever—there was no fire in any other part of the parlour—I examined it carefully—there were no means, as far as I could observe, by which the contents of the cupboard could be set on fire by anything outside it—I felt it to be my duty to detain the prisoner, and communicated with Inspector Prescott, who came there that night and went partly through the premises with me—on detaining the prisoner I asked him how he could account for the fire in his cupboard—he said he could account for it in no other way but the fireworks coming from the door across the parlour into the cupboard—this plan (produced) exactly describes the house, shop, parlour, and cupboard—I observed no signs of fire in the passage—the inside of the drawers in the cupboard were scorched and blistered—I do not believe it had embered—there was a sign of embering, actual turning of wood into charcoal, under the shelves—the papers were not blazing up, but mouldering—I saw the redness of an ember—it was more than scorched—it was burnt to charcoal—when I went into the house on the first occasion I observed a very strong smell of paraffin oil—I could smell it when I went in on the second occasion—I believe there were nine persons living in the house—I saw Simpson when I went in the house the first time, and heard a conversation—the prisoner made a remark about it being a very dangerous practice throwing these things, and said that it was only three weeks ago that a cracker was put into the letter box—I heard about that, I was there the very night—it was about a fortnight previous to this.