John Gibbs

116

Tony Beale on 15th July 2020

From Dublin age 25 5'61/4" fair complexion sandy hair blue eyes very well behaved assigned to John Raines The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) View title info Sat 19 Aug 1826 Page 3 Police Reports. John Raine, Esq. deposed, that his servants have, for a considerable time past, been in the habit of becoming intoxicated ; that his mill is in the habit of being robbed by his servants, and their clothing, bedding, &c. are sold ; that, in consequence of the insubordinate state they had arrived at, he was compelled to return 8 men to Government, a few days ago, to his serious detriment ; that he, in consequence, made every enquiry, and exerted himself to ascertain where they had been harboured ; that on Sunday morning he had sent his servant with a letter to the coach, and to obtain some necessaries for dinner ;that he returned home, about 9 o'clock, intoxicated ; that deponent enquired of him where he had got the spirits, promising him to look over his error if he told him ; that he told deponent, that he had obtained the liquor at Kerton's, and had paid for the same ; that he absented himself yesterday again, without liberty ; that deponent did personally detect him in the house of Mary Kane, or Kennedy, tippling and drinking spirits, which he (deponent) had tasted ; that the said Mary Kane he had also summoned, to answer for harbouring three of his servants tippling on the preceding evening, and that he was prepared to produce evidence to that effect. He further stated, on oath, he had reason to believe, that, from the matter published in the Monitor, his servants had become more insubordinate and were continually intoxicated, and consequently their harbourers had evidently become more open in their transactions. John Gibbs, servant to Mr. Raine, deposed to his going to Kerton's house on Sunday morning, in company with David Whittaker, and one James Smith, two free people ; that he called for half-a pint of spirits, which Kertan brought to him, and he (deponent) gave him in payment a holey dollar, and that he received from Kerton two dumps in change ; that the spirits were drank by himself Smith, and a woman that was in the house ; that he had, on one or two occasions before, drank and paid for spirits in Kerton's house ; that the money he paid Kerton belonged to his master, and which was entrusted to him, to provide necessaries for the house. David Whittaker, a free man and householder in Parramatta, fully corroborated, on oath, the foregoing evidence. Being questioned by Kerton, whether the money paid was not for pot-herbs, he replied, on oath, that it was not, and that pot-herbs were not mentioned at the time. James Smith deposed to his drinking at Kerton's on the morning alluded to, but did not see any money paid ; that he stood it the door all the time ; deposed to his drinking a gill of rum at Kerton's, in company with Gibbs, prior to his going to Kerton's. The case put off until Saturday ; a full Bench. Mary Kane, or Kennedy, appeared to answer to a similar complaint, preferred by Mr Raine. John Gibbs deposed to his going to Mary Kane's house the preceding evening, in company with Robert Lake and George Grimshaw, two of Mr. Raine's assigned servants, and one Howarth, a ticket of leave man ; that he called for half-a-pint of spirits, which was brought by the defendant ; that he gave a sterling shilling and a sixpenny piece in payment, and received 3d. back in change from the the defendant ; that Lake, Grimshaw, and Howarth, partook of the spirits ; he was about drinking his share, when Mr. Raine came in, and detected him ; that he delivered up 3d. to Mr. Raine, who gave it to the chief constable. Robert Luke, servant to Mr. Raine, on oath, corroborated the foregoing testimony in every particular. George Grimshaw, servant to Mr. Raine, deposed to his going to Mrs. Kane's, in company with Gibbs, Lake, and Howarth ; heard Gibbs call for half-a-pint of spirits, and that he drank a glass of it and went out immediately, consequently did not see any money paid. John Howarth deposed to the same effect, with the exception that he remained in the house, and saw the defendant bring Gibbs 3d. in change, but did not see Gibbs pay the money ; put off till Saturday. 1828 New South Wales, Australia Census (Australian Copy) for John Gibbs employed in the no 4 iron gang New South Wales, Australia, Tickets of Leave, 1810-1869 for John Gibbs. no 29/406 granted on 15/7/1829 Granted in pursuance of the government order of 1 Jan 1827 and also in consideration of having brought to justice one receiving stolen goods and apprehending four runaways two of whom were bushrangers. Allowed to stay in the Parramatta district. New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930 for John Gibbs Entrance Book Sydney. Convicted of burglary sentenced to death but sent to the hulk 14/1/1830 The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) View title info Thu 18 Feb 1830 Page 2 Supreme Court. SUPREME COURT. WEDNESDAY, FEB. 17. ( BEFORE THE CHIEF JUSTICE.) John Gibbs, holding a ticket of leave, was in- dicted for stealing, in the dwelling-house of Thomas Henry Hart, in Pitt-street, Sydney, several articles of wearing apparel, above the value of £5, the property of Captain Sime. Mr. Therry conducted the case on behalf of the Crown. The prisoner was defended by Mr. Rowe. It appeared in evidence, that Mr. Thomas Henry Hart is the occupier of a dwelling-house in Pitt-street, part of which was tenanted by Captain Sime, of the East India service, as a lodger. In the middle of the night of the day laid in the information, Capt. Sime, being in bed, was roused by the noise of some person near him, and upon immediately getting up, found a man in the room, whom he attempted to secure, but who subsequently made his escape by dropping from the window into the street. The noise made in the course of these transactions awoke Mr. Hart's clerk, (a young man named Watson) who in- stantly arose and opened the house door leading into the street, just at the instant the man who dropped from the window was running across the street, and only a few yards from the house. Watson pursued the fugitive, who ran in through a wicker gate in the fence surrounding the residence of Mr. John Raine, directly opposite, and then through another gate leading to the rear of the premises, which he shut after him, and cut off any further pursuit at that moment. In the mean time, Mr. Hart and Captain Sime had procured a light, and a number of articles of dress were missing from the room of the latter gentleman, in which was found a strange hat, with the name "John Gibbs'' written in the inside. A further search was then made in the street, and the property taken from Captain Sime's apartment, together with a pair of shoes, was discovered lying near the fence through which the man pursued by Mr. Watson had escaped. After this, a constable was procured, who, accompanied by Mr. Watson, went to the house of Mr. Raine, taking with them the strange hat, and after knocking at the door, the prisoner came out undressed and asked what they wanted. Watson replied that a robbery had been just committed in the house of Mr. Hart, and that he thought the prisoner was the man who had committed it. The prisoner was at first very abusive, asked for the constable's warrant, and refused to admit him into the house. The constable, however, insisted on going in, and asked the prisoner his name, to which he gave evasive answers. He was then directed to dress himself, which he did, with the exception of his hat and shoes, which he could not produce; but, on seeing the hat in the hands of the constable, he immediately laid hold of it, and said, "this is my hat". The prisoner was then conveyed in custody to the watch-house. The defence set up by the prisoner attempted to shew that the man who was seen running the gate of his master's house might have been some other person, inasmuch as there was a communication with Castlereagh-street at the rear, through which the party, whoever he was might have escaped. Mr. John Raine, the prisoner's master gave him an excellent character during a period of upwards of four years service. The learned Judge minutely recapitulated the evidence, and the Jury found a verdict of Guilty. The prisoner then addressed the Court, and ex- pressed a hope that in his Honor's report of the case to the executive Council he would give him the benefit of the good character he had hitherto borne, as a recommendation to mercy. The Chief Justice—The Court is not now about to pronounce judgment upon you. Your case will re ceive every due consideration. The prisoner was then remanded. The Australian (Sydney, NSW : 1824 - 1848) View title info Wed 24 Feb 1830 Page 2 CRIMINAL COURT. SATURDAY. Mr. Chief Justice Forbes having taken his seat, Mr. Kerr arose, and prayed the judgment of the Court, upon John Gibbs and Charles Marsh, both convicted of stealing in a dwelling house, above the value of 5l. The Court ordered judgment of death to be re- corded Against them — the case of Gibbs to be recommended to the attention of the Go- vernor, in consideration of his former good character. John Gibbs in the New South Wales, Australia, Convict Registers of Conditional and Absolute Pardons, 1788-1870. 22/7/1837