Joseph Davies

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Phillip Horton on 9th March 2019

Could the spelling of his name be incorrect in the Old bailey records "DAVIS ?" not Davies I have records of Birth 21 April 1824/ Last English record was 1841 census (16) years/He was in trouble with the law and Later in Australia was call a Dangerous Lunatic he came to Moreton Bay to be with his sister who was a Lunatic Both well known to Police/ He was in Goal in Brisbane and was sent to Tarban Lunatic Asylum Parramatta NSW 4 August 1855 where he died in 1858

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Iris Dunne on 3rd February 2019

Proceedings of the Old Bailey JOSEPH DAVIES Deception: forgery Convicted 17 Aug 1846 1567. JOSEPH DAVIES was indicted for feloniously forging an order for the payment of 350l., with intent to defraud William Wainwright and another. MESSRS. CLARKSON and DOANE conducted the Prosecution. WILLIAM WAINWRIGHT . I am in partnership with Augustus William Gadsden, junior—we are sugarrefiners in Crispin-street—Mr. David Gads-den is the uncle of Augustus William Gadsden, and is an agent for our house as colonial broker—Williams, Deacons, and Co., are our bankers—they are also the bankers of James Gadsden and Son—which son is the same gentleman as my partner—the prisoner was in the service of David Gadsden—I was in the constant habit of asking him to do little services for us when he came to our house from his master—he was not in our service at all—on the 22nd of June we had an account with Trueman and Cook, and another with Simpson and Scott, and wished to pay them for some sugars—one was a transaction of the 3rd of June, and the other the 5th—payment at the end of two months is called prompt, and if paid before, a discount is allowed—we wished to pay these-accounts before the prompt—the prisoner called at our office, and I drew the two checks—all except the amounts, and signed them—I produce them—the one which is filled up for 350l., was crossed "and Co."only, that was for Simpson and Co.—the other which is filled up for 500l. was crossed "Glyn and Co."—I told him to go to Simpson and Co., and if he could get the invoice of the sugar bought on the 3rd of June (which date he wrote on the back of the check himself), he was to fill up the check for the exact amount, less the discount, and pay it to them for their parcels of sugar, but if he could not do that, he was to fill it up for 350l., and give them the check on account of the sugar—he had no authority to fill it up for any sum whatever, without first going to Simpson, and endeavouring to get the invoice—he had no other authority whatever—the 500l. check was under exactly the same circumstances, that was to be paid to Trueman and Co.—I saw the prisoner frequently after that—he told me next morning he had filled the check up for 350l., and paid it to Simpson and Scott, on account of the sugar—I think he said be could not get the invoice, but am not certain of that—the checks were returned to us in due course as paid—I have since paid Simpson and Co. the 350l. Cross-examined by MR. BALLANTINE. Q. The smallest sum for which the check was to be used was 350l.? A. It was—that was at a rough guess about the amount of the invoice, less the discount—it was less than he would have to pay, taking off the discount—the amount in the check, both in figures and words, is the prisoner's handwriting—we should be obliged to pay the full amount some time in August—it is to our interest to pay within twenty-one days after the sale, as there is an additional discount. Q. Had not the prisoner perfect authority to draw the check and pay it, invoice or no invoice? A. No; he was to get the invoice, and if he could not to fill it up for 350l., but under no other conditions—it was on a Saturday—he had no authority to fill it up except for Simpson and Co.—he was to get the invoice at their place, but if he could not, to fill the check up there for 350l. and pay it to them on account. WILLIAM SCOTT . I am one of the firm of Simpson, Scott, and Co., sugarbrokers, Tower-street—we had a transaction with Wainwright and Co. on the 3rd of June—the prisoner did not, on the 22nd of June, or any other day, come to me for an invoice of that account, nor did he pay me 350l. on account, nor any sum—I have called since at Wainwright's, and they have paid me the full amount, 460l. or 470l. Cross-examined. Q. What number of persons are in your employ? A. Four clerks—they are not here—whether any application was made to them or not I only know from themselves. MR. CLARKSON. Q. No such check was paid to you nor to your account? A. No. COURT. Q. Might an application for the invoice have been made to either of your clerks? A. Certainly. WILLIAM FICKUS . I am clerk to Williams, Deacon, and Co.—James Gads-den and Son have an account at our house on the 22nd of June I received 933l. 10s. 2d. on their account—I believe it was paid by the prisoner—these three checks for 500l., 350l., 82l. 17s., and 13s. 2d. in money, formed that payment. DAVID GADSDEN I carry on business at St. Helen's, as a colonial agent and broker—I act for Wainwright and Co., and James Gadsden—the prisoner was in my service—I have no banker, and was in the habit of paying sums to Williams and Co., on account of James Gadsden and Co., my relatives, for my own convenience, and drew it out through them as I wanted it—on the 22nd of June I gave the prisoner, to pay in to the account of James Gadsden and Co., a check for 82l. 17s., eight 100l. bank notes, and 50l. 13s. 2d. in money:—I wrote on the check the amount, and the name of the person to whose account it was to be paid, and here it is—I have written on this, 82l. 17s., eight 100l., 50l. 13s. 2d.—933l. 10s. 2d. that he might understand what he had to pay in—on the 20th of July, in consequence of information, I caused the prisoner to be taken into custody—till then I had no idea the money was not paid in as directed—on his being apprehended he gave me up 575l. in notes, among which were three of the identical 100l. notes I had given him on the 22nd—he was taken to the station, searched in my presence, and 201. more found on him in notes. NOT GUILTY . JOSEPH DAVIES Theft: stealing from Master Convicted 17 Aug 1846 1568. JOSEPH DAVIES was again indicted for stealing 8 1001., and 1 501. Bank notes; the monies of David Gadsden, his master. DAVID GADSDEN . I am a colonial and general agent—the prisoner was in my service—I am agent for Wainwright and Co., and James Gadsden and Co.—I occasionally pay cash into Williams and Co., to the credit of James Gadsden and Co.—on the 22nd of June I handed the prisoner, to pay them, on account of James Gadsden and Co., a check for 821. 17s., eight 1001. bank notes, and 501. 13s. 2d. in other money—I wrote on the check the amount, and on whose account it was to be paid—on the 22nd of July I learned that that money had been misappropriated—I then had him apprehended—he delivered me up 5751. in notes, and 101. 10s. in gold, and three of the 1001. notes were the same as I had handed to him for that payment. WILLIAM WAINWRIGHT . I am a sugarrefiner, in partnership with Augustus William Gladstone, jun.—David Gadsden was our agent—I was in the habit of requesting the prisoner to pay sums of money for me, and have made him a present at Christmas—on the 22nd of June I had accounts with True-man and Messrs. Simpson for sugars—I had not received invoices from them—I delivered the prisoner two checks, signed and filled up in every respect except the sums—I directed him to go to Simpson and Co.—if he could get an invoice to fill up the check, less the discount, and if not to fill it up for 350l., and if he could not get an invoice at Trueman's, to fill up the other check for 500l.—those checks have been returned to me as paid—I have paid Trueman and Messrs. Simpson and Co. the sums of 500l. and 350l.—the prisoner had no authority to pay the checks to Williams and Co. on account of James Gadsden. WILLIAM SCOTT . I am one of the firm of Simpson and Co. On the 22nd of June there was an account between us and Wainwright and Co., for sugars supplied on the 3rd of June—I did not receive from the prisoner a check 3501. on that account—Wainwright and Co. have since paid me the account—this check never came into my hands. JAMES FRANCIS WOOL . I am cashier to Trueman and Co., Mincing-lane. On the 5th of June we sold Wainwright and Co. sugars—the account was unsettled on the 22nd of June—no money or check of 500l. was paid to me—Wainwright and Co. have paid the amount of the sugars since. WILLIAM FICXUS . I am a clerk to Williams, Deacon, and Co.—James Gadsden and Co. are our customers. On the 22nd of June I received on their account 933l. 10s. 2d.—it consisted of the three checks produced, and 13s. 2d.—I have no doubt the prisoner paid it. Cross-examined. Q. Has cash been obtained for the checks? A. No, they are transferred from one account to the other, as the checks are drawn on our house—they went to James Gadsden's account. Q. Has this sum been drawn for? A. They have drawn checks to a much larger amount since. JOHN PECK (police-constable H 87.) On the 20th of July the prisoner was brought to the station-house—I took 20l. from him. GUILTY . Aged 21.— Transported for Seven Years. (Mr. Clarkson stated that the prosecutor's loss amounted to above 2,000l.) Criminal Registers: aged 21, offence Larceny by Servant

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Phillip Horton on 3rd February 2019

Joseph Ward Davis was declared a Dangerous Luntic and if he is the Joseph Davis on board the Eden Convict ship that arrived in Port Phillip 1849 he was in Moreton Bay settlement by late 1848 and he was noted in The Police Court records 14 August 1855 discharged from Gaol in Brisbane sent to Tarbau Creek Lunatic and died there Record for 3rd April 1858 he was bieried there on the 4th April Another reference to Joseph was in the report [ Moreton bay Courier 10 Nov 1858] of the Cononers report in Brisbane during the enquest into how his sister Martha Phillips nee Davis Died in the Bulima Area moreton Bay Martha was a Lunatic Joseph was a dangerous Lunatic reference New South Wales court records and Moreton Bay courier paper reports also Ancestry records