Alfred Haybittle

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Cross Cottage on 21st May 2018

The following largely confirms the information already posted by Sally and Carol. The transcribed UK newspaper reports provide additional details about Albert Haybittle's various court appearances. In particular they identify those convictions he suffered under his alias, Thomas Miller, including that of 1855 when a sentence of seven years' transportation was imposed. England & Wales, Criminal Registers, 1791-1892: Name: Alfred Haybittle Age: 21 Estimated Birth Year: About 1825 Date of Trial: 23 March 1846 Trial Year: 1846 Location of Trial: Surrey, England Sentence: Acquittal Crime: Arson (of a haystack) Alfred stood trial alongside his older brother, James Haybittle The London Daily News, Thursday, March 26, 1846: CROWN COURT (Brfore Mr. Baron Alderson.) James Haybittle, 28, and Alfred Haybittle, 21, brothers, were indicted for felonously setting fire to a stack of hay, the property of the Right Hon. Henry Goulburn. Mr. Ryland and Mr. Parry conducted the prosecution. It appeared that the fire in question took place on Christmas day, in last year, in the stack yard of the prosecutor, at Betchworth, near Reigate, and from the circumstance of the stacknbeing fired in several different places, the act was clearly that of an incendiary. The prisoners were labourers residing in the neighbourhood, and the only evidence against them consisted of declarations made by them to different parties upon the subject of the fire, those statements being to the effect that they were present when the stack was fired, but that another person committed the act, and they merely looked on and took no part in the proceeding. When before the magistrates they both, however, stated that this story was not true, and each charged the other with being the guilty party. Mr. Baron Alderson summed up the case with great care, and told the jury that he was bound to inform them that in law a statement made by one prisoner against another was not evidence against that other; and said that in this case the only evidence to support the charge was the mere statements of the prisoners. It would be for the jury to say whether they considered this sufficient to warrant them in convicting the accused parties. The jury, after deliberating for some time, returned a verdict of Not Guilty. Maidstone and South Eastern Gazette, March 31, 1846: SURREY SPRING ASSIZES. CROWN COURT. SETTING FIRE TO MR. GOULBURN'S STACK AT BETCHWORTH. James Haybittle, 28, and Alfred Haybittle, 21, were charged with having felonously set fire to a certain stack of hay, at Betchworth, the property of the Right Honourable Henry Goulburn. Mr. Ryland and Mr. Parry conducted the prosecution. It appeared from the evidence that a stack of last year's hay, belonging to the Right Honourable Henry Goulburn, at Betchworth, containing about 20 tons, had been found between two and three o'clock on the morning of Christmas-day, burning at several different places, as if it had been set on fire, and a number of lucifer matches were afterwards found in the road leading from the farm in the direction of Gadsbrook. The two prisoners, who were brothers, had been seen at different beer-shops and public-houses till late on Christmas eve, and on Christmas-day morning they were found lying in a wagon in a cart lodge, where they then said that they had lodged all night. The evidence against the prisoners consisted principally of declarations made by themselves to various persons. On the night of Christmas-day, they had said to Isaac Hibbard, whilst talking about the fire, alluding to himself and his brother, that if they did not enlist for soldiers, they should be transported. Alfred had also since told a witness named George Apted, that on Christmas eve himself and his brother had been singing at different houses about Leigh, with a person named John Childs, and that in passing Mr. Goulburn's farm, Childs had said, "Let us set fire to this place;" that they refused to do so, but that Childs went into the stack yard and set fire to the stack; and that they then went to a field a little way off, where they stood and looked at it, after which they separated for the night. Alfred had afterwards said to George Stevens, an inspector of police, who had been sent down from London to discover the incendiary, when told that the account they had previously given of themselves had been untrue, "I know what you want and that you are a London policeman. If you give me five shillings, I will tell you all about it." This witness refused to give anything. James afterwards told this witness that Childs had set fire to the stack, in the same way as had been previously described by Alfred. Alfred afterwards told Whitman the Reigate constable that Childs had done it, and had given to him (Alfred) the remainder of the lucifers, which he had thrown down into the road. It was also proved that Alfred had since enlisted for a soldier, and that James had offered to enlist, but had been rejected, as too old. Mr. Thomas Hart, solicitor, of Reigate, clerk to the justices, deposed that the prisoners, when brought before the magistrates and having been asked whether they had anything to say, and cautioned that whatever they said would be taken down in writing and might be used against them, stated as follows:- James Haybittle says -"This man here (pointing to Alfred) set it alight, and he asked me for the lucifers out of my pocket, and he went and did it. I stood out in the road whilst he did it. He came out to me and we went up the road towards Snower-hill, where George Apted lives, at the well house, to Risbridger's. We laid up in the wagon. As soon as Alfred came out he threw his lucifers in the road, and said he had set the hay stack on fire all round. He never said anything else." Alfred Haybittle -"It was my brother had the matches, and went in and set it alight. I can take my oath I had no matches, and we went along up the lane and he threw the matches away and said he was sorry for what he had done, then we went on over the fields to John Risbridger's, and laid down in the hovel up in the wagon; then he told me the next day to say it was John Childs did it. John Childs was not with us at all. My brother told me to say so, and I did say so; that's all I know." This was the case for the prosecution. The prisoners being called on for their defence; James said "I never was near the place." Alfred said, "I am innocent of it, and never did it." Mr. Baron Alderson, in his charge to the jury, said that there was scarcely any evidence against the prisoners, excepting their own declarations before the magistrates; but in this case the declaration of each of these witnesses could only be evidence as against himself, and not as against the other, he considered that the case failed. If the prisoners were to be tried separately, the mere declaration of the one would not be evidence against the other, and he did not see that the fact of their being tried together altered the case. As against themselves, the declarations of the prisoners amounted to nothing. The jury retired, and, after a short deliberation, acquitted both prisoners. Surrey, England, Calendar of Prisoners, 1848-1902: Name: Alfred Haybittle Age: 23 Birth Year: About 1825 Court Date: 20 March 1848 Court Place: Newington, Surrey, England Sentence: 6 months hard labour Brixton Description: Surrey Assizes Crime: Committed the 10th of April, 1849, by Mr. A. Fraser, Esq., charged on the oaths of William Arnold and others, with feloniously stealing, at Burstow, one pair of shoes, and other articles, the property of the said William Arnold, and one frock, the property of James Worger. Alfred stood trial alongside his younger brother, Frederick Haybittle England & Wales, Criminal Registers, 1791-1892: Name: Alfred Haybittle Date of Trial: 21 May 1849 Trial Year: 1849 Location of Trial: Surrey, England Sentence: 6 Months Crime: Larceny Alfred stood trial alongside his younger brother, Frederick Haybittle England & Wales, Criminal Registers, 1791-1892: Name: Thomas Miller [otherwise Alfred Haybittle] Date of Trial: 8 April 1850 Trial Year: 1850 Location of Trial: Sussex, England Sentence: 7 Years Transportation Crime: Larceny before convicted of Felony Brighton Gazette, Thursday, April 11, 1850: QUARTER SESSIONS, SECOND DAY, TUESDAY, APRIL 9. TRIAL OF PRISONERS. THOMAS MILLER, labourer, 25, and WILLIAM LARMER, labourer, 21, were charged with stealing, on the 25th March last, at West Hoathly, one spade value 2s., the property of William Pelling. Miller (against whom a former conviction was proved) Seven years' transportation; Larmer Six months' hard labour. England & Wales, Criminal Registers, 1791-1892: Name: Thomas Miller [otherwise Alfred Haybittle] Date of Trial: 4 January 1855 Trial Year: 1855 Location of Trial: Kent, England Sentence: 10 Years Penal Servitude Crime: Larceny before convicted Maidstone and Kentish Journal, Tuesday January 9, 1855: COUNTY QUARTER SESSIONS The Quarter Sessions for the County commenced on Thursday, January 4, before the Right Honourable the Earl of Romney, Chairman of the Western Division. SECOND COURT FRIDAY.- Before J. 'Espinasse PLEADED GUILTY. Thomas Miller, 29, labourer, to stealing meat, value 3s. 10d., the property of James Wilmshurst, at Cranbrook, on the 18th December, 1854. Ten years' penal servitude. (His honour observed that the prisoner had been convicted at the Lewes sessions, and sentenced to seven years' penal servitude, but had been granted a ticket-of-leave.) Bedfordshire Gaol Register: Gaol Record Detail For: Thomas Miller Record ID: 28411 Commital Year: 1854 Reference Doc: BLARS QGV13/1 ID in Reference Doc: 324 Age: 29 Gender: Male Health: Good Occupation: Labourer Education: Both Form of Religion: Church of England Marital Status: Single Next of Kin: James Miller (Brother) Betchworth Surrey Offence: Stealing a bullock's heart & 2lbs weight of beef value 3/10 at Cranbrook after a previous conviction for Felony Date Received: 3 March 1855 When Committed: 19 December 1854 Trial/Conviction Date: 4 January 1855 Trial Type: Quarter Sessions Place of Trial/Conviction: Maidstone Type of Gaol: Bedford County Gaol Sentence: 10 years Penal Servitude Separate Confinement: Madistone County Gaol 1 27/30 associated Conduct: Quiet & Orderly No. of Previous Convictions: 1 Previous Conviction Details: Convcited, Lewes, April 1850 stealing a spade, sentenced to 7 years Transportation. Ticket of Leave 25 October 1854 How Disposed: Removed to Warrior Hulk, Woolwich Discharge Date: 3 June 1856 General Remarks on Prisoner: Public cash 13/4 Police Gazette, February 11 (and 13), 1863: Absconded about 7.30 p.m., the 9th instant, from the Red Hill Union, Reigate, ALFRED and FREDERICK HAYBITTLE, charged with stealing the undermentioned articles, the property of the Board of Guardians, viz.: six Blankets, two linen Sheets, marked 'Reigate Union'; a dark cloth Coat, a pair of plaid cloth Trousers, a brown cloth sleeve Vest, and a pair of cordury Trousers. Alfred Haybittle, 42 years of age, about 5 feet 6 or 7 inches high, fair complexion, is a returned convict, and has a ticket of leave in his possession under the name of' 'Thomas Miller,' also some letters from the Prisoners' Aid Society, wherein he is offered assistance to emigrate. Frederick Haybittle, 32 years of age, about 5 feet 4 inches high, rather lame of left leg; both dressed in the union clothing, viz.: fustian jackets, vests and trousers, flannel and cotton shirts, wide-awake hats, all marked 'Reigate Union,' in ink. Information to be given to Mr. Superintendent C. H. Coward, Surrey Constabluary, Reigate, who holds a warrant for their apprehension.-Bow-street, February 11. England & Wales, Criminal Registers, 1791-1892: Name: Alfred Haybittle Date of Trial: 5 March 1863 Trial Year: 1863 Location of Trial: Kent, England Sentence: 6 years to commence at the expiration of a Sentence of 10 years Penal Servitude to which he was sentenced on the 4th day of January 1855 Crime: Larceny Simple before convicted of Felony South Eastern Gazette, March 10, 1863: KENT QUARTER SESSION. An intermediate session, for the trial of prisoners from the whole of the county, with a view to relieve the calendar at the assizes, was commenced at the Court-house, Maidstone, on Thursday last, before Gathorne Hardy, Esq., M.P., Chairman. The following magistrates were also on the bench, Sir B. Bridges, Bart., M.P., Col. E. C. Fletcher, Capt. Cheere, R.N., Major Best, Capt. Prentis, J. B. Wildman, J. Whitehead, N. H. D'Aeth, D. Scratton, and E. Burton, Esqrs. There were the names of 60 prisoners in the calendar, of whom 9 could read, 25 read and write imperfectly, and 26 neither read nor write. THURSDAY. -SECOND COURT. (Before Sir B. Bridges, Bart, M.P., Chairman). Alfred Haybittle, 42, labourer, pleaded guilty to stealing a loaf of bread, the property of James Thomas, at Shoreham, on the 12th February; also to having been previously convicted. Mr. Francis, who was for the prosecution, said the robbery was of a very impudent nature, The prisoner coolly walked into prosecutor's shop, and took the loaf. When given into custody, he said he was glad of it, as he wanted to go back to gaol. -Supt. Coleman stated that prisoner had been two or three times previously convicted, he having been sentenced in 1855 to ten years'penal servitude, under the name of Thomas Miller, and he was at large when he committed the offence on a ticket-of-leave. -The Chairman sentenced the prisoner to six years' penal servitude at the expiration of his present term. The Kentish Gazette, Tuesday, March 10, 1863: KENT INTERMEDIATE QUARTER SESSIONS. SECOND COURT. (Before Sir Brook W. Bridges, Bart., M.P., chairman, and other magistrates.) STEALING BREAD AT SHOREHAM. -Alfred Haybittle, 42, labourer, pleaded guilty to stealing, at Shoreham, on 12th February, a loaf of bread, the property of James Thomas. -Mr. Francis was instructed for the prosecution. -The prisoner had been several times convicted, and was, in 1855 sentenced to ten years' penal servitude. He was out on ticket-of-leave when he committed the present offence. -Six years' penal servitude, to commence at the expiration of the previous sentence. The Maidstone Telegraph, Saturday, March14, 1863: WEST KENT QUARTER SESSIONS. (Conclusion of the Trials). A second court was opened before Sir B. Bridges, Bart., M.P., (chairman of the East Kent Quarter Sessions.) Alfred Haybittle, 42, labourer, was charged with stealing a loaf of bread, the property of James Thomas, at Shoreham, on the 12th of February. Mr. Francis was for the prosecution. Prisoner (who is a ticket-of-leave convict under sentence of ten years' penal servitude), pleaded guilty. Several other charges of a similar nature were also preferred against him by Supt. Coleman, and the Court, to deter the prisoner from a repetition of the same, sentenced him to six years' penal servitude, to commence at the expiration of the former term.

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Sally Pashby on 4th October 2013

Alfred was arrested in Surrey in Feb 1863 having absconded from the Reigate Union Workhouse and stealing clothing and bedding from there. He had in his possession a "ticket of leave" in the name of Thomas Miller and was described in the warrant for his arrest as a "returned convict" Source: Police Gazette Feb 1863. A Thomas Miller was convicted of Larceny in Jan 1855 and sentenced to 10 years penal servitude and at Alfred's trial at the Maidstone Assizes he was apparently recognized as "Thomas Miller " as his sentence at that time was for six years penal servitude to commence at the expiration of the ten years passed 4 Jan 1855. Alfred was born in Betchworth, Surrey into a poor family of agricultural labourers-- he had six siblings so times would have been hard and perhaps explains his criminal activity. I cannot find any records of "Thomas Miller' being transported in 1855/ 1856. Alfred is documented as being on Merchantman but interestingly his name does not appear on the very comprehensive list of prisoners embarked at the various ports compiled by the surgeon on Merchantman. However records at Fremantle prison show him arriving on that ship. Alfred died soon after arriving in WA, he never married and probably his family in Surrey would never have learnt of his fate.

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Sally Pashby on 14th September 2013

While Alfred Haybittle appears on all the data bases as having being transported on "Merchantman" 1864 in the only primary source that I have been able to find-Dr William Smith's surgeons log of the voyage- his name does not appear on the very comprehensive lists of convicts embarked at Chatham, Portsmouth and Portland. Can anyone explain this??

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Carol Axton-Thompson on 9th September 2013

A check on the list of convicts on the 'Merchantman' 1864 DOES list an Alfred Haybittle. "Haybittle Alfred 8016 6y 44 Maidstone 05 03 1863 Larceny " (ref. http://members.iinet.net.au) There were 14 Thomas Miller's transported to Van Diemen's Land - was he one of those under this alias name?

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Sally Pashby on 9th September 2013

Alfred does not appear in the surgeon's log of convicts on "Merchantman" but he is on the list along with 300 others for the "Clara" 28th Jan 1864. Alfred was born in Betchworth Surrey Dec 1822 to a poor rural family. Both his parents were illiterate and Alfred probably never went to school. 1846 he was on trial at Surrey Assizes along with brother James for "arson of a haystack" --a common crime at the time as a protest against the poor living conditions of Agricultural Labourers. Both were acquitted. 1849 Alfred was again on trial at Surrey Assizes this time with younger brother Frederick. Both were found guilty of larceny and imprisoned for 6 months. He was sentenced to 10 years penal servitude 4th Jan 1855 but there is no record of this conviction. An entry in "Police Gazette" Feb 1863 describes Alfred as a "returned convict" with a ticket of leave in the name of Thomas Miller. He was found guilty of stealing clothing from a Surrey Poor House- most of which he was actually wearing-- along with his brother. So at Maidstone Assizes he was found guilty and sentenced to "6 years penal servitude to commence at the expiration of a sentence of 10 years penal servitude to which he was sentenced 4th Jan 1855. He arrived in Fremantle 12th Sept 1864 age 41 years. His name appears in the Australia Death Index in 1865 Reg no 2869. He never married and seems to have had such a sad life. Questions arise around his return to England with that false ticket of leave-- not sure how he managed that but obviously returned to a life of poverty and crime which led him to reoffend.