Charles Gilvin

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Maureen Withey on 30th October 2019

Charles Gilvin was later sent to Moreton Bay penal establishment. Moreton Bay records: Chas Gilven or Gilliver, servant, ship, Sir William Bensley, Original conviction at Middlesex G.D., 6 Dec 1815,sentence, 7 years. Colonial conviction:Sydney Crim. Court, 5 Feb 1827, for burglary, sentence, Death recorded, commuted to 7 years. To Sydney 28 Feb 1833. Description: Charles Gilliver, native of LEicester, age 29, 5 ft 6 in, dark complexion, dark brown hair, grey eyes. Charles Gilliver and James Barlow were indicted as principals, and Catherine Lawry, alias Gilliver, as aiding and abetting in a burglary and robbery on the premises of Mr. Henry Marr, in Castlereagh-street, on the night of the 28th of December last. Mr. Henry Marr deposed, that his house in Castlereagh-street, was entered through a window, on the second story, by means of a ladder, between 11 and 12 o'clock, on the night laid in the information ; witness slept in the room where the robbery was committed, which was used as a store room ; a short time after he returned to bed; having previously shut the window, he was alarmed by a noise, as if something of bulk was endeavoured to be forced through it ; witness started up and procured a light, proceeded down stairs, and discovered that a ladder had been placed against the window, which was open, from the street; on examination, a considerable quantity of property was found to have been carried away ; witness gave the alarm, and some constables coming to his assistance, the footsteps of the robbers were traced to a yard a short distance from the dwelling, next door to the public-house kept by Mr. Roberts, where some of the property was found in a heap, as if only just deposited ; the following night, Mr. Cornick, of the Police, came for witness, and conducted him to a house occupied by the prisoner Gilliver, in Castlereagh-street, where some more of the property was found ; witness remembers the prisoner Gilliver in his shop a few days before under pretence of purchasing something ; the property stolen was to a considerable amount, and consisted of cloth, muslins, umbrellas, bombazines, &c. Mr. George Cornick, Assistant Superintendent of Police, searched a house occupied by the prisoner Gilliver, together with Chapman and other constables; the prisoner Barlow, who stated himself to be a free man, but who, in fact, is a prisoner of the Crown, was then lying on a bed ; the female prisoner was also present ; a number of articles, consisting of shirts, a pocket book, a piece of satin lining, which had been torn from a bonnet that was carried off in the robbery, and which Gilliver said were his property, were found, and identified by Mr. Marr on his being sent for ; a box belonging to the female prisoner, found in the house of a man named Cooley, was brought to Gilliver's house by a constable, and, on being opened, a bonnet identified by Mr. Marr, and also a pelisse, were found in it. John Kelly, a constable, stated that he was present at the search made in the house of Gilliver ; witness went to the house of a man named Cooley, being aware that Gilliver, and the female prisoner lived there some short time before, and enquired whether he had any of her property in his possession ; Cooley gave witness up a box, locked, which he said had been left there by the female prisoner ; it was brought to Gilliver's house, where the key was found, and on being opened was found to contain a bonnet and pelisse identified by Mr. Marr ; Gilliver made his escape from the constables that night, and was apprehended on the night following. Israel Chapman deposed that he, also, was present at the search made in the house of Gilliver, and corroborated the evidence of the last witnesses. Elizabeth Cooley stated, that the prisoner Gilliver, and the female prisoner, who she understood to be his wife, lodged at her house about a week ; they left on the Sunday before Christmas-day, and went to live in Castlereagh-street, near Mr. Roberts' public-house ; they took whatever property they had with them ; on Tuesday the 26th of December, as witness understood, Gilliver and the woman quarrelled, and he threw her bed and box out into the street ; at the request of the female prisoner they were brought to witness's house ; but, on the evening of the same day, a man came who said that Gilliver and his wife had become friends, and took away the bed, requesting that the box might remain 'till sent for ; witness did not see any more of the parties until about 4 o'clock on the morning of Friday, the 29th of December, when the female prisoner came, and knocked witness up; she had a bundle in her hand, and stated that she had been again beat and turned out by her husband, on the previous evening, and had been part of the night on board a ship, where she got a little money, with which she redeemed her bonnet that was in pawn, and requested witness if Gilliver should enquire, to say she had slept at her house all night ; witness went out of the house for a few minutes, which was the only opportunity the prisoner had to deposit the bundle in the box; witness did not think what she had done with it at the time, but remembers she did not take it away with her ; when witness returned into the house again, the prisoner took a bottle in her hand to go, as she stated, for some brandy, but did not come back again ; the box was given up to a constable, who enquired whether any property belonging to the prisoner was in the house. Elizabeth Nearney deposed, that she resides in Phillip-street ; the prisoner Gilliver came to her house on Friday, the 29th of December, and hired a room, which he stated was for his master who had just come from the Derwent, and was at the Australian hotel ; in the course of the day, he returned in company with the prisoner Barlow, bringing with them two boxes and a large bundle that appeared to witness to be a bed, which they deposited in the room ; sometime after, during the same day, Gilliver took one of the boxes away ; Barlow slept there that night, and went out on the next morning, and, up to the following Tuesday, neither of the prisoners returned on Tuesday witness was informed, by a female servant, that a man named Redmond, a shoemaker, who worked in the house, had broken open the door of the room which contained the property left there by the prisoners, to take, as he said, something in place of his jacket that he had lent to one of them, and which had not been returned; witness went up stairs, and, on going into the room, observed, for the first time, that the large bundle, which she supposed had been a bed, contained a considerable quantity of various property, consisting of cloths, muslins, &c ; the suspicions of witness being excited by the prisoners not returning, she informed her husband, who acquainted the Police, when an examination took place, and the property was identified as part of that stolen from Mr. Marr. Joseph Raphael, a dealer in Sydney, deposed, that on the 29th of December, the day after the robbery took place, he was offered some black and blue cloth for sale by the prisoner, Gilliver, at an auction, at Mr. Lyons' ; witness refused to have any thing to do with it, and, on the following morning, having for the first time been informed of the robbery at Mr. Marr's, and that cloth had been taken away, he mentioned the circumstance of his having been offered some for sale by the prisoner, to Mr. Lyons, and also gave information to Mr. Marr. Several witnesses were called, after which the Chief Justice minutely recapitulated the evidence and the Jury found all the prisoners Guilty. Remanded. Sydney Gazette, 6 Feb 1827 Supreme Criminal Court. MONDAY, FEBRUARY 12th, 1827. Before his Honour, the Chief Justice, and Mr. Justice Stephen. The following prisoners were this morning brought up for judgement: James Barlow, alias Yates, Charles Gilliver, and Catherine Laurie, the two former as principals, and the latter as present aiding and assisting in a burglary, in the house of Mr. Henry Marr, of Castlereagh-street. Judgment of Death recorded. Sydney Gazette, 14 Feb 1827 James Barlow and Charles Gilliver were both sent to Moreton Bay.