Phoebe Mcclucky

343

Maureen Withey on 16th June 2020

GEE V. DOBSON. Before the following Jury:- T. G. Gregson, Esq., James Hackett, Esq., G.B. L. Hesse, Esq. and Andrew Haig, Esq., This was an action brought by the plaintiff, Mr. John Gee, against Mr. John Dobson for a trespass, and assault, by forcibly entering a house in his possession, and turning him out. The evidence was as follows : Phoebe Gee examined:-- I know what a crowbar is; I remember the month of January last; on a Thursday, in January, I was in a house with Mr. Dobson; it was in Murray-street; it is next to a corner house, and built of wood; we had been living there, from the Sunday previous; my father, mother, brother, and myself were in the house in possession of it. My father was acting as owner of the house; on that day, about three or four o'clock in the afternoon, Mr. Dobson and several men with a crow bar came to the house; they only had one when they first came - they went round: and broke open the door at the side of the house in the yard; they then came round to the back window, Mr. Dobson; Charles Ferguson, Mr. Alexander and three more I don't know; a man named Perkins came with Mr. Dobson to see that no violence was used, and Mr. Morrill came to protect Mr. Dobson I believe; Charles Ferguson came to the window and put his crow bar to the window, and said we can't get in here; Mr. Dobson said, go round to the back door - they did and he put his crowbar against it; my father was inside; there was no person but ourselves inside the house - no servant; they broke the door down and threw it into the yard Mr. Dobson came towards the door after my father had prevented them a little from coming in; he prevented them by driving nails into the floor on the inside; Mr. Dobson said, we have got you now, Mr. Gee, and Charles Ferguson came in with the crow bar on his shoulder, Mr. Dobson next, after him Mr. Alexander, and four more followed; they had a small crow bar, which I believe Charles Ferguson drew through the door when my father was endeavouring to prevent them getting in they then came in, and, by Mr. Dobson's orders, Mr. Morrill took my father by the shoulder, and pushed him out at the back door, and then Mr. Dobson walked through the next room - and the shop, and a man who was lame began breaking the padlocks – he broke two ; they pushed my father out twice and afterwards they let him in again, and my father said to Mr. Dobson, have I used any unlawful weapon, and Mr. Dobson smiled and said no; my father said to Mr. Dobson, but you have; Mr. Dobson then said, if he did not take his things away, he would turn them into the street ; we were all turned out of the place ; we never got possession of the house since; I believe, Mr. Dobson found some keys to lock the doors ; my father was hurt by being pushed out the first time; there are four rooms and a shop; such a house would let for 12s. per week. Cross- examined by the Solicitor General. I first went into the house on Sunday morning about 8 or 9; I can't say how long my father was living there before, I think it was about a week. On the Saturday night before my father slept on the premises, I slept in the next house - when we left the house on the Sunday morning, we left the cat in occupation of the house.- (Laughter.) The first thing I saw was the doors, being broken open ; I saw Mr. Dobson, with his hand assisting at the crowbar; I heard Mr. Dobson order some one to break the door open. Joseph Barnsley, examined - I know Mr Gee; in January last I was coming past the house where he resided in-Murray-street, with a bag of saw dust ; I saw a lot of people standing round the house ; I saw a man with a crow bar in his hand go to the yard door; I think there were two or three gentlemen there besides labouring men; I saw the side door broken down with the crow bar; they then went into the yard, and I saw the back door wrenched open outwards; I heard one of the gentlemen say; get in as fast you can; and; also saw him helping to break the door open I I came up, just as the side door was broken in, and did not hear either of the gentlemen say anything ; I saw the parties go into the house ; I saw Mr. Gee turned out of the house ; he went in again and was turned out a second time, and told if he did not take his things out; they would throw them out into the street; his wife then came, and the gentlemen told her to be off, and the constables shoved her back as she was going into the house - she was turned out twice. - Cross-examined.- I have known Gee for eighteen years; he has been living about five or six years in a house just below where Mr. Browne lived; the gentleman that was assisting I don't think was smoking; when Mrs. Gee came up I didn't hear her say any thing about shooting any person ; I did not see Mrs. Gee's son there at all; I think we were about half an hour removing the things; I did not see any bedding. Re-examined - There might have been bedding there without my seeing it. The defence set forth was, that the plaintiff had no right in the house, which was grounded on a document, purporting to be a sale of the land, whereof the house stood, which the plaintiff argued he had always understood it to to have been only a lease for twelve years. John Stirling examined.- I know the plaintiff John Gee, and also Mr. John Brown; I know the premises some time since occupied by Mr. Brown in Murray-street; I have known them for 12 or fourteen years; I am one of the witnesses to this document; I see the plaintiff’s signature to it; to the best of my knowledge I saw this executed by John Gee; this memorandum also, purporting to be for £20, for the consideration contained in this document, is also signed by Mr. Gee, and witnessed by myself; what money was paid at the time was paid in dollars; I lived near Gee for 4 years. The property mentioned in this document is the property now in dispute- dollars went for 5s. Cross-examined. - Without looking at this document, I should not have recollected anything of the circumstance of witnessing the same, or of seeing the money paid; the money was not paid in paper money; from reading that paper I perfectly recollect it was paid in dollars. The first time I saw that document was at Mr. Dobson's office, after Mr. Brown got into trouble. I have no recollection whether the wafer was there when I witnessed the paper; this is my signature, but whether that is Mr. Gee's or not I can't tell. Before I saw this paper, I made a statement to Mr. Gee in writing, signed by me, but it was not right; as soon as I saw this paper it was quite the other way- [this evidence was objected to as the paper was not produced]- Mr. Gee called on me within the last 12 months, and said he would call on me to prove that it was only a lease he had granted to Brown; I did not then make a verbal statement to John Gee. I said to him, when I got to the Court I would speak the truth. I did not tell Gee that the agreement between Brown and him was only paper in Mr. Haldane's office. John Brown examined.- That agreement is the only transaction that I have had with Gee. [The paper put in purported to be an obsolute sale of the land to Mr. Brown.] David Dunkley examined.- Knows both plaintiff and defendant - shortly after Brown got into difficulties, Brown, myself and Hyams were passing through Murray-Street, Gee called us in to his garden, and told Brown, that he should stick to the premises, and said, " when you come out of gaol, I can give them to you again," "yes,' said Brown, "and if he sees me on them afterwards, he will kick me off." Israel Hyams examined.- Heard Gee say on the Sunday spoken of by Dunkley, "this here house if you like I'll get you, if you like to say, you only, had a lease of it, instead of purchasing it." T. W. Rowlands, Esq. examined. - Heard Mrs. Gee say, her husband had leased the premises to Brown. Gee said, " you old fool I have sold them to him." Wm. Osbourne examined.- He proved some part of the property had been sold to a person of the name of Shribbs, then by him, to a man named Mason, and by Mason back to Browne. John Mason examined.-Proved that he had bought part of the ground in dispute. Admitted by the Attorney General, that a Mr. Smith purchased at the Sheriff's sale Mr. Brown's interest in this property, as agent for Mr. Bogle, and that Mr. Dobson accompanied him-also admitted that after the sale of the house, the keys got into the hands of Mr. Dobson. William Morrill, a constable, proved he went to the premises of Gee at the time in question, under orders of the chief constable. Mr. Dobson and Mr. Bogle both said they would indemnify him. His Honor very briefly summed up the evidence, telling the jury that it was clear the trespass had been committed, but as to the assault he left, it to their own discretion. The Jury found for the plaintiff on the 1st and 2nd. counts, charging a trespass - damages 40s.; and on the 3rd count charging the assault, for the defendant. Colonial Times (Hobart) 20 Dec 1836. -------------------------------------------------- Mrs Phoebe Gee complained of her cruel spouse John Gee. This old couple have been about thirty years in the Colony. It appeared that John was drinking nearly all one night, with his friend Mr Staunton and in an inebriated state, with an axe handle, struck Phoebe a violent blow on the eye, and said he was resolved to kill her and put her out of the world, for she had been in it long enough. John disputed the charge, and Miss Phoebe was called as a witness, and corroborated her mama's statement. John was fined £5 and in default of payment, was committed to the House of Correction for six weeks. Colonial Times, 27 June 1837.

343

Maureen Withey on 16th June 2020

https://stors.tas.gov.au/CON13-1-1$init=CON13-1-1p54 60 female convicts embarked on the Brig Kangaroo for the Derwent, 10 April 1816. All transported to NSW per Alexander, apart from 2 women. Phoeby McCluckey, per Alexander, tried at Dublin City, Jan 1815, 14 years. Servt. -------------------------------------------------- Tasmanian Conduct Record: https://stors.tas.gov.au/CON40-1-1$init=CON40-1-1p296 Phoebe McLuckey, Phoebe Mccluckey. 124. Phoebe McCluckey, Alexander 1816, Kangaroo 1816. Tried at Dublin 1815, 14 years. May 7 1821. Ux Jno. Gee/ D. & Disy. - to sit one hour in the stocks. Nov 30 1826. Ux Jno. Gee/ D. & disy. Discharged no Pros. Oct 5 1832. F.S. Drunk, fined 5/-. -------------------------------------------------- https://stors.tas.gov.au/RGD36-1-1p50j2k Marriage in District of Hobart Town 1816. John Gee, age 31, convict per Glatton, and Phoeb McLackey, age 32, convict per Alexander, were married 14 October 1816 by Banns. John signed his name, Phoeb signed her X. --------------------------------------------------