Henry Clarke

343

Maureen Withey on 16th October 2025

Colonial Secretary Index. CLARKE, Henry. Per "Sir William Bensley", 1817 1817 Mar 21 On list of convicts disembarked from the "Sir William Bensley" and forwarded to Liverpool for distribution (Reel 6005; 4/3496 p.79) 1823 Apr 14-May 8 Sentenced to death. In reports of prisoners tried at Court of Criminal Jurisdiction (Reel 6023; X820 p.99) 1823 May 11 Condemned to death. Petition for mitigation of sentence by G L M Huon de Kerilliau (Fiche 3230; 4/1869 p.26) 1823 May 27 Commutation warrant (Reel 6069; 4/1817 p.15) 1823 May 27 Tried in Sydney. Sentence commuted to transportation (Reel 6070; 4/1265 p.10) 1823 Jun 3 On lists of prisoners transported to Port Macquarie per "Sally" (Reel 6019; 4/3864 pp.52, 410-1) 1823 Jun 3 Attested copy of respite extended to forwarded to the Provost Marshall (Reel 6010; 4/3508 p.440) 1823 Jun 4 Re commutation of sentence (Reel 6057; 4/1767 pp.117-117a) ------------------------------------------------------------- Criminal Court. Wednesday. - Henry Clarke, Peter Malaly, and James Brien, were indicted for stealing and killing a bullock, the property of Gabriel Louis Maria Huon de Keriliena. Guilty. The following prisoners, who had been convicted during the session, were now brought up for sentence : .. and Henry Clarke -DEATH! ... Peter Malaly, and James Brien - TRANSPORTATION FOR LIFE. Sydney Gazette, 8 May 1823. ------------------------------------------------------------- Transported to Port Macquarie per “Sally”. 3 Jun 1823. Henry Clarke, Tried by Crim Court, Sydney, April & May 1823. Capital respite, Life in double irons. Trade: Baker, per Sir Wm Bensley. Original conviction: London, 14 Sep 1814, seven years. ----------------------------------------------------------------- Tried at the old Bailey, 14 Sept 1824. 718. HENRY CLARK was indicted for feloniously stealing, on the 3rd of September , in the dwelling-house of Ann Ogle Simpson, widow, a coat, value 3 l. a pair of trowsers, value 30 s. two pounds fifteen shillings in monies numbered, a 15 l. bank note, a 5 l. bank note, a 2 l. bank note, and five 1 l. bank notes , the property of David Hogg . DAVID HOGG. Q. Who is your mistress - A Ann Ogle Simpson; she is a baker; she lives in Stanhope-street, Clare-market. Q. Do you know the prisoner - A. Yes; he lived in her service about twelve months ago. On the 3rd of September, I missed a black coat, a pair of grey trowsers, a fifteen-pound note, a five-pound note, a two-pound note, and five one-pound bank notes. These things were put in my box; my box was at the top of the house; the bake-house was in the lower floor. I missed the property on the 3rd of September, about eleven o'clock. In consequence of that, I traced out the prisoner; I suspected him. I had seen the prisoner about two months before that, at my mistress' house. I traced out the prisoner at the Edenburgh Castle public-house, at Wapping; I found that he had lodged there on Saturday and Sunday night. Q. What day was the 3rd of September - A. That was Saturday. I enquired if he was at home; they expected him soon. I waited, and in about half an hour, he came in. I told him he was the man I wanted; (however, in the mean time, I sent a young woman down, to the Thames Police office, for an officer.) When he came in, he was without his hat. When I asked to speak to him, he wanted to go out of the room; I kept the prisoner in the room. The officer came, his name is William Dyeball . I delivered the prisoner to him; he took him into custody. We searched him, and found nothing on him. As we went over Hermitage-bridge, the prisoner jumped into the water; there was a boat there that took him up again. Then Dyeball took him again, and brought him before the magistrate. Q Have you got your property again - A. No. Part of it is in the constable's hands. DAVID GALL. I am a baker. I lived in the place before Henry Clark went away. He happened to come to my house on the Saturday. Q. Do you happen to know what day of the month it was - A. No. The prisoner was apprehended on the Monday; it was the Saturday before he was apprehended. He came in for his box; he was very much intoxicated. A friend of his seeing him have a great deal of money, advised him to give it me to keep for him; he gave me a fifteen-pound note, a five-pound note, and five one-pound notes. Then I helped him down with his chest, and put it into the coach. I went with him to the Edinburgh Castle; we put the box down there. His sister came there; I gave her the money at the Edinburgh Castle; I gave to his sister twenty-one pounds eleven shillings and sixpence; a fifteen-pound note, a five-pound note, a one-pound note, and eleven shilling and sixpence in silver. The rest he paid to a young man. WILLIAM DYEBALL . I am an officer. I was sent for; I went to the Edinburgh Castle. David Hogg delivered the prisoner into my charge. I told the prisoner I must search him; which I did, and found nothing. I told him he must go with me to the office; he rather refused. I asked him if he had any clothes there that belonged to him besides what he had got on; he said none but what he stood up in. In taking him to the office, he tried to make his escape, by jumping over the rails into the water; he turned himself on his back, and swam like a cork: he was taken up by a boatman. I got him again, and I took him to the office, and went back and enquired if he had any box there; they readily told me he had, and pointed it out. The box is now in court. My brother officer and I searched the box. In the box we found this coat, and these trowsers. David Hogg said they were his property. Q. to David Gall . Look at that box - A. It is the same box that I helped him with. Dyeball. We then proceeded to the office. I left Smith to wait for the sister; they told us the sister was sent for. JOHN SMITH . I am an officer. I went with Dyeball to the Edinburgh Castle. I waited for the return of the prisoner's sister; she came in company with her husband. I informed her the situation of her brother, and requested to know if she had received any money of him; her husband answered, we have received three bank notes of him. The sister pulled them out, and shewed me two bank notes, not the third; one is a fifteen-pound bank note, the other a five-pound bank note; these are them; I received them of the sister; I have had them in my possession ever since. The other was a one pound note they had broke into. They likewise acknowledged that they had received eleven shillings and sixpence in silver. Q. to Prosecutor. Look at that coat and trowsers - A. The trowsers and coat I am quite clear are my property. The fifteen pound note produced by Mr. Smith; and the five pound note, are part of the property I had in my box. I know them by my handwriting being upon them. GUILTY, aged 18. Of stealing, but not in the dwelling-house . Transported for Seven Years . Second Middlesex jury, before Mr. Baron Graham. ---------------------------------------------------------------