William Clarke

341

Maureen Withey on 8th July 2021

William Clarke and Robt. and Wm. Tout alias Greenslade, for burglary in the house of Jas. Stone, and stealing meat; Bath Chronicle, 17 Aug 1826. --------------------------------------------------- William Clark, Willlam Tout, the elder, Robert, Stephen. James, and William Tout, sons of William Tout, the elder, were indicted for burglary and robbery in the house of James Stone, of the parish of .... It appeared that the prosecutors house was broken open on the night of ? May last, and a large quantity of beef and bacon, with other property, taken away. Suspicion having been excited, the house of William the elder was searched, and the greater part the stolen property was discovered in a case, which was ingeniously constructed behind outhouse to the dwelling-house of the elder Tout. To connect the other prisoners with, he proved that William Tout, the younger, and William Clark, had come from Taunton, where they lived, to old Tout’s house, the evening before the robbery, and that they and Robt. Tout were seen returning old Tout’s house, about four o'clock on the morning of the robbery, bringing packages. When the prisoners were examined before the Magistrates, they admitted that Clark, William Tout the younger, and Robert Tout had entered Mr. Stone’s house, through the kitchen window, and taken the property in question. William Tout, the elder, confessed that he received the properly, knowing it stolen. When before the magistrates one of the prisoners was proved to have said, “it don’t matter, we shan't topped (hanged) for it, though we be legged {transported) for fourteen years. There was no evidence to convict the prisoners, Stephen and James Tout, of the robbery. William Clark, William Tout the younger, and Robert Tout were found guilty of the burglary and robbery, and sentence of death was recorded against them. William Tout, the elder, was found guilty of receiving the goods, knowing them to be stolen, and was sentenced to transported for fourteen years. Taunton Courier, 16 Aug 1826.

341

Maureen Withey on 8th July 2021

William Clark was indicted for an assault, with intent to murder, on the person of James Cooper, at Moreton-bay, on the 30th of April last. A second count charged the prisoner with a common assault. James Cooper, being sworn, stated that he was at work, at Moreton-bay, with the prisoner and two other men, on the 30th of April, between 7 and 8 o'clock in the morning; witness and the other men were making a fire in the bush, and happening to turn his back, he was knocked down with an axe, but does not know by whom; witness had no quarrel with the prisoner at the time; the blow inflicted a severe wound in the head, and witness was rendered insensible, and conveyed to the hospital; never had a quarrel with the prisoner since he had been on the settlement; the prisoner was working with the two other men about two yards behind witness where he was knocked down; witness was under a Colonial sentence at Moreton Bay ; the prisoner was sent there direct from England. Edward Murphy stated, that, on the 30th of April last, he was at work with the prisoner, the last witness Cooper, and two other men, at Moreton-bay ; on the previous evening, Cooper had some words with the prisoner about his work ; he told him to go on with his work, and do it, or else he would report him and get him flogged; on the following morning, when they went to work, Cooper began at him, calling him a rascal and a scoundrel, and telling him to go on with his work, or he would send him into the settlement to be punished; they had some words after that, and Cooper gave him several blows with a stick he had in his hand, upon which the prisoner struck Cooper with an axe at the back of the head, a little above the ear, and knocked him down; the prisoner struck three blows, but the two last were light blows ; a man named Longbottom took the axe from the prisoner, and secured him ; Cooper was down when he received the last two blows. By the prisoner. I do not think it was the prisoner's intention to kill Cooper. By the Court. Cooper was in the hospital from the effect of the blows for two or three months. This was the case for the prosecution. The prisoner being called on for his defence, stated that he should not have struck the prosecutor, had he not been assaulted first; and that he was severely wounded himself after the assault. The learned Judge summoned up the evidence, and told the Jury, if they were satisfied that the intention of the prisoner in striking the prosecutor with the axe, and afterwards following up the first blow, by two others, when he was down, was to destroy his life, they would find him guilty on the first count. If on the other hand, they were not satisfied as to that most material part of the case, His Honour apprehended that they could have no difficulty with reference to the second count, inasmuch as it appeared in evidence that the prisoner was struck by the prosecutor, and consequently was not in law the assaulting party. The Jury found a verdict of Guilty of the first count. Remanded. Sydney Gazette, 19 Sep 1828. --------------------------------------------------- CRIMINAL COURT, TUESDAY, SEPT. 30th.---The three Judges having taken their respective seats on the Bench at 11 o'clock this forenoon, proceeded to pass sentence on those criminals who had been convicted during the present sittings, and remanded for judgment. John Rockwell, for a violent assault upon the person of one Patrick Cantwell, at Moreton Bay, on the 10th of June last, with intent to kill and murder. Sentenced Two Years to an iron gang, and afterwards to be remitted to his original sentence. William Clarke, for a similar offence, and under similar circumstances, was sentenced to a like punishment. Sydney Monitor, 11 Oct 1828. -------------------------------------------------------- Convict Index. William Clarke, Layton 1827, Ticket of Leave, 40/163. District, Penrith; Born, Somerset; Trade, weaver; Tried, Somerset Ass. William Clarke, Layton 1827, Ticket of Leave Passport, 23 Jan 1843. 43/049. Ticket of Leave 40/0163; on the recommendation of Penrith Bench. -------------------------------------------------- Convict Death Register. William Clarke, Layton, Date: 13/01/1849, District, Penrith.

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Maureen Withey on 8th July 2021

Moreton Bay Convict Register. Arrived at Moreton Bay per ship Governor Phillip, 20 October 1827. Willm. Clarke, per Layton, Tried at Somerset, 5 Aug 1826, Burglary, Life. Silk weaver. Ordered by the Secretary of State to be sent to Norfolk Island, but His Excellency the Governor has been pleased to reverse that order, and to direct their being sent to Moreton Bay, during their respective Sentences. Returned to Sydney May 1828. Description: Wm Clarke, native of Taunton, age 24, 5 ft 5 ½ , pale comp, dk brown hair, grey eyes. ------------------------------------------------------ The reason why William returned to Sydney in May 1828:

116

Tony Beale on 1st January 2021

New South Wales, Australia, Tickets of Leave, 1810-1869 40/163 dated 20.1/1840 for William Clarke From Somerset England. 5' 7" ruddy complexion Dark brown hair grey eyes Allowed to stay in Penrith district Note Died at Penrith see letter dated 1849