Richard Osborne

343

Maureen Withey on 24th June 2022

The following case in 1811, mentions Richard Osborne, and James Harrax, as witnesses, who were both convicted later of a similar crime. Hugh Devlyn, of Richmond Hill, settler, was then put to the bar and indicted on a charge of having killed a bullock, value £10, with intent to steal the carcase thereof, being the property of the Rev. Mr Samuel Marsden, at Windsor, on Thursday the 6th of June. Evidence for the prosecution being called, the Rev. Mr. Marsden deposed, that he had a farm at the South Creek whereat his horned cattle were kept; that Captain Charles Clarke, of the ship Ann, now absent, had left 26 head of cattle all branded with the letter C. C. to run with his, the deponent's herd; that about the 8th of June he received information of a dead calf, that had not attained its state of maturity, being found on his ground, together with the intrails of two head of cattle; in consequence of which he sent Mr. James Harrex and Richard Osborne to examine whether any of his own or, Captain Clarke's cattle were missing; that they returned to him on Monday, and reported that several of his, the deponent's own cattle, together with a cow near her calving time, and a red bullock belonging to Capt. Clarke, were absent from the herds; that he, the deponent, did not consider the bullock altogether in fit condition for the Store, but had estimated it to weigh about 550 lbs. Mr. James Harrex deposed, that at Mr. Marsden's request he had in company with Richard Osborne gone to the place whereat the information had described the dead calf and intrails to have been found, which was about a mile and a half from the place where that Gentleman's cattle grazed, that he perceived evident marks of a slaughter having been committed near the side of a pond into which he put a long pole to discover if possible whether any of the offal had been thrown into it, and by that means drew out the hide of a red bullock, branded with Captain Clarke's initials C.C. that he had the hide conveyed to Mr. Aspinall's farm on the South Creek and on Monday the 10th of June, returned and reported his discovery to Mr. Marsden; the deponent also firmly believed the hide found to be that of one of Captain Clarke's bullocks. The Rev. Mr Marsden here also declared that the hide which had been found as above stated was identically that of one of Captain Clarke's bullocks, entrusted to his care. The Reverend Gentleman added, that he had made enquiry who had lodged beef in the Store at that time; and informing Mr Fitzgerald, the Storekeeper at Windsor, of the circumstance, an enquiry was produced, the effect of which was that a suspicion was excited against Devlyn, who had upon the 8th turned into the Store the carcase of a bullock the weight of which agreed with the computed weight of the one that had been killed; that it was a lean carcase, and had been badly butchered. Mr. William Blady, constable at Windsor being sworn, deposed, that on Wednesday the 12th of June he accompanied Mr. Matthew Lock, chief constable, to the house of the prisoner, to make search on the business of the information; and meeting him on the road, he went with them that upon enquiry the prisoner declared the bullock he turned into the Store to have been his own; that the deponent desired to see the place where the animal had been slaughtered, but saw no spot that had the slighest appearance of the kind; that he requested to see the hide, horns, or feet of the bullock he said he had killed ; and was answered that the hide was lost from a shed upon which he had thrown it, and that his wife had drest the feet; that he then asked where the triangle by which the animal had been suspended was, and received for answer that none was used, but that the bullock had been skinned upon the ground; and that, finally, upon the most minute search he could find no appearance of a bullock being killed any where about the premises. The prisoner here demanded of the evidence whether it might not be possible that a number of pigs and dogs he saw about the farm might have cleansed away the blood before the search was made; To which the deponent answered that they could not have utterly eradicated the stains, which must have remained upon the ground for some time. Mr. Matthew Lock, Chief Constable of the Town of Windsor, corroborated by his testimony the foregoing; adding at the same time, that the prisoner upon his remonstrance on the danger to which he was reduced, replied that he did not care; the bullock was his own, and that he had got it from one Hugh Kelly. The said Hugh Kelly then deposed, that he knew the prisoner very well, but never had had any cattle or other kind of stock belonging to him in his charge; that on Monday the 10th of June he met the prisoner by accident on his way to Windsor ; that the latter conversed with him, and said he would thank him, in case any person should enquire whether he had had a bullock of his, the prisoner's, in his flock, to say "yes," as he had had dealings about a bullock, and thought there might be some dispute about it :-That he also enjoined him to say the bullock was turned into his flock about 12 months before ; that he, the prisoner Devlyn had taken it away on Wednesday, the 5th of June; and that it was a black and white one. Mr. G. Smith, Clerk of the Store at Windsor, deposed, that on Saturday the 8th of June the prisoner turned into the Store 276lbs of pork, properly butchered, and 532lbs of fresh beef which was passible, though the quarters were not so equally divided as was usual; and that the Store-keeper complained of the poorness of the meat. John Williams, a constable of Windsor, deposed, that he went with a warrant to search the prisoner's premises, which he searched on Tuesday night the 11th or June, but could find no traces whatever of a bullock being slaughtered there ; whereupon the asked who had assisted him in killing it, and was informed by the prisoner that it was a neighbour, his own man servant being inebriated at the time; that he then enquired who that neighbour was, and received for answer 'it is of no consequence.' Here the Evidence for the Prosecution closed, and the prisoner being called on for his defence, he produced a memorial which the Court permitted to be read. The contents of this paper went not in any degree to the points of evidence; but barely rested on the fairness of his character, which had been the result of an honest and upright conduct for many years: for the truth of which assertion he appealed to William Cox, Esq. a Magistrate, at whose intercession he had been favoured with an Emancipation from His Excellency the Governor in Chief. After the memorial was read he gave notice that he had Evidence to prove some material points ; viz. that he was in actual possession of such a bullock as he had described, namely a black and white one ; that he had come honestly by, it and that it was killed upon his own premises in the manner he had stated ; to prove all which called William Lane, labourer, who stated that he lived within a quarter of a mile of the prisoner's house, and that he frequently was employed by him as a hedger, &c. that above a twelvemonth ago he was coming to Sydney with Devlin, who meeting with Capt. Kemp on the road, was by him invited to purchase his team of bullocks; whereon Devlyn assured him it was not then in his power to pay for them, which induced Capt. K. to offer him a couple on his bare promise, the price 40l. for the two, that a note of hand was there and then drawn out, but who carried the pen and ink he could not tell, but at all events he saw a piece of paper pass between them, and afterwards accompanied the prisoner to Sydney, where they parted ; that deponent was first home, in a day or two after which Devlyn arrived with the two bullocks, one a brown, the other black and white ; the former he soon afterwards killed, and secured the latter into the woods to feed. That upon the 7th of last June he assisted the prisoner to kill this black and white bullock, to which he at first objected, being but an indifferent hand, and butcher Lewis living hard by ; to satisfy which scruple the prisoner informed him that since the butcher had killed his pigs a misunderstanding had taken place, which occasioned his not attending. That they set to work accordingly ; drew the animal up to a tree, and killed it with an axe : they then skinned it, &c. upon the ground, first upon one side, and then upon the other, as no triangle had been erected, nor had they strength enough to draw the carcase up after the ox was killed ; he also said that the hide was lost, having been thrown on a duckshed, & that no one was privy to the transaction but the prisoner's wife and themselves. W. Cox, Esq. a Magistrate, being now called to the prisoner's character, said he had for many years regarded him as an honest and industrious man, and upon that account had interested himself in his recommendation to the favour of His Excellency the Governor. This Gentleman being then interrogated by the Court whether he knew any thing of Capt. Kemp's team of bullocks, replied that he did, and that it consisted of three, one of which the Captain had caused to be killed, and the other two, one of which was black, and the other black and white, were both living, and in his ( Mr. Cox's) own immediate possession. Mr. Surgeon Mileham. and the Rev. Mr. Marsden were also called to the prisoner's character ; their account of which corresponded with that given by Mr. Cox, and here the Evidence closed. The Court was cleared accordingly, and after an hour's deliberation re-opened. The prisoner was again put to the bar; and the Judge Advocate prefaced the painful task that was to follow, by a minute comment upon the evidence, in the order in which it had been received. Want of room prevents us from entering upon the Learned Gentleman's observations , on the various points that had fallen under consideration, not one of which was suffered to pass unnoticed, but the whole elucidated by a strength of natural reasoning that could not fail of producing conviction in the mind of every auditor. Concluding his observations, the Judge Advocate communicated the Verdict, which declared him Guilty, and then proceeded to the awful Sentence of the Law, which decreed that he should suffer Death.--In consequence of his former character, however, the Court thought proper to recommend the prisoner to His Excellency the Governor's Clemency.-Adjourned sine die. Sydney Gazette, 24 Aug 1811. --------------------------------------------------- List of prisoners to be sent to Newcastle 21 July 1813. Jas. Harrax, per ship Ganges, Free, Convicted by Criminal Court, 16 March, sentence, 14 years, vessel sent by to Newcastle - Estramina. Richard Osbourne, per ship Perseus, convict, Convicted by Criminal Court, 16 March, sentence, Life, vessel sent by to Newcastle - Estramina. Colonial Secretary Index. OSBORNE, Richard. Per "Perseus", 1802 1812 Jul 20 Servant to Samuel Marsden. Petition for mitigation of sentence (Fiche 3171; 4/1848 pp.256-7) 1813 Mar 25 Commutation warrant (Reel 6070; 4/7020 No.22) 1813 Jul 21 Sent to Newcastle as prisoner per "Estramina" (Reel 6003; 4/3492 p.242) 1813 Sep 30 On list of conditional pardons not collected (Reel 6002; 4/3491 p.552) 1814 May 4 Sent to Sydney for opinion of Principal Surgeon (Reel 6066; 4/1805 pp.147, 149) c.1825 On return of convicts in the employ of Revd Samuel Marsden; from Apr 1823 (Reel 6064; 4/1789 p.78a) 1825 On list of Crown servants mustered in the employ of Revd Samuel Marsden; in 1824 (Fiche 3143; 4/1843A No.511 p.362) -------------------------------------------------- Court of Criminal Jurisdiction. Thomas Plumb, Richard Osborn, and James Harrex, were indicted, Plumb and Osborn for stealing, and Harrex for receiving two cows the property of the Crown, value 56l. - Osborn guilty - Death. Harrex guilty - 14 years transportation. Plumb acquitted. Sydney Gazette, 20 Mar 1813.

174

Iris Dunne on 31st October 2020

Conviction 24 Feb. 1801 Conditional Pardon No. 107 dated 29 Feb. 1812, "laying in this office until 7th January 1826 and there destroyed" signed F.G.