Samuel Phipp

342

Maureen Withey on 1st February 2026

Report of Samuel's original offence. Lent assizes. Hertford, March 9. —The business on the Crown side finished on Saturday morning. Five capital convicts received sentence of death, viz. James Wilkes, Samuel Phipps, James Taylor, for burglary Benjamin Parker, for highway robbery; and James Pointon, for horse stealing. Of these, none were left for execution. The only remarkable case was that of burglary. Samuel Phipps, bargeman, who was indicted for burglariously breaking and entering the dwelling-house of Thomas Poole, in the  parish of Sawbridgeworth, and stealing therefrom a silver pint mug and two silver salt-cellars. The prisoner had  been indicted with another man, named John Fordham, but as to the latter the Grand Jury ignored the bill. It appeared from the evidence, that in the night-time the prosecutor was disturbed in his sleep, by the noise of some persons apparently pulling down his house. He got up, looked out of his window, and saw three men in the act palling down the boarded gable of his dwelling. He demanded what they wanted. One of them replied that they wanted money. He told them that they should have money, if they desisted from pulling down his house. Returning to the window, he threw out pocket-book, containing three 1£ notes, having previously taken the precaution abstracting from it a 10£. Bank of England note. The man picked up the book, examined it, and said that would do; be must have the 10£ which be said lie knew he had : and before the prosecutor could comply with his wishes, was assailed with shower of large stones, which broke the windows, and most probably would have broken have his own bead, if he had not retired time. The prosecutor begged the villains desist, and then threw out  the 10£ note. In the mean time the other men effected breach in the house, and then the three entered seized the prosecutor, and secured him in his daughter’s bed-room, whilst they ransacked the house. They found a box under the daughter’s bed, from which they took some articles of plate, and then decamped. The case to affect the prisoner on trial  depended upon variety of minute circumstances. was proved, that on the following day went London coach  and redeemed some clothes from pawn, tendering a 10£. Bank of England note, receiving the change from the pawnbroker and then returned to the country. This note was identified the prosecutor and the pawnbroker who had paid it away. The history of the note was traced upwards until it came the hands of the prosecutor, and downwards until it was adduced as evidence against the prisoner. The prisoner had given contradictory accounts of the manner in which the note came into his possession : first, that he found it; then, that he had received it from friend, &c. The case went the Jury, who found the prisoner Guilty—Death.  Bell’s Weekly Messenger, 11 Mar 1822.

342

Maureen Withey on 16th October 2025

Criminal Court. TUESDAY.—Benjamin Cross, Thomas Belcher, and Samuel Fipps, were indicted for stealing a sheep, the property of Mr. Henry Baldwin ; and also, with stealing a musket, the property of Hindoo Sabea. From the testimony of an approver (Ralph Dean) it appeared that the prisoners, and himself, only arrived in the Colony on the ship Eliza a few months back, and were assigned to a Mr. McKenna, settler at Wilberforce, where they met with the kindest treatment. It happened, however, that the unfortunate men were not aware of the comfort they enjoyed, after experiencing such an apparent waste of Royal clemency, it appearing that deprivation only must bring men, like those, to a proper sense of that state which now, likely enough, is for ever forfeited. The prisoner Cross, so said the approver, suggested to his shipmates the old tale of escaping to Timor, though utter strangers to every part of the country. The bait being thus held out, it was greedily devoured ; and they actually set out, with a week's provisions, in quest of Timor! On their way from their master's farm, they robbed the hut of Sabea, an Indian, of an old musket. Their first, and in fact last, rendezvous, was by the side of a small rivulet, called "Churchill's lagoon :" this was about 6 miles from McKenna's. Here they devised measures for the accomplishment of their desired object. Their plan of procedure was as follows :—They were, for a while, to take to the road, and plunder the carts going to and fro' the market, from which source clothes, ammunition, and money were to be derived. When they had obtained what might be considered a sufficiency to warrant the prosecution of their journey, with the possession of a geographical work, they were to set out ; and in order to render failure impossible, it was their intention to keep the beach as soon as the sea-shore was gained, shooting birds, kangaroos, &c. for their support ! ! Such was the object in which these deluded men embarked, one in which so many lives have been sacrificed. However, to shorten the story, the first week flew by ; and, in order to obtain present food, the wanderers plundered the flock of Mr. Baldwin, and from a neighbouring field purloined a bag or two of corn, which lasted Saturday and Sunday. On Monday the approver, and the prisoner Cross, left their associates with the intention of availing themselves of the first offer of plunder. In the act of escaping from a poor Hawkesbury-bank hut, they were espied and pursued. Cross escaped, but Dean (the approver) was secured. To Mr. Chief Constable Howe, of Windsor, he wisely related the whole of the transaction ; in consequence of which the party was secured, and the expedition thus broken up. The skin of a sheep was found near the rendezvous of the prisoners, at the instance of the approver : it was produced in Court, and identified ; together with the musket. The prisoners were adjudged Guilty.—Remanded. Sydney Gazette, 1 May 1823. Wednesday. - The following prisoners, who had been convicted during the session, were now brought up for sentence :- ... Benjamin Cross, Thomas Belcher, Samuel Phipps, ... -DEATH! Sydney Gazette, 8 May 1823.

342

Maureen Withey on 30th September 2022

Colonial Secretary Index. PHIPPS, Samuel. Per "Eliza", 1822. 1822 Nov 26 On list of convicts landed from the "Eliza" & forwarded to Windsor for distribution (Reel 6009; 4/3506 p.474) 1823 Apr 14-May 8 Sentenced to death. In reports of prisoners tried at Court of Criminal Jurisdiction (Reel 6023; X820 p.97) 1823 May 27 Tried in Sydney. Sentence commuted to transportation (Reel 6070; 4/1265 p.10) 1823 May 27 Sentenced to death; reprieved on condition that he remained at Port Macquarie (Reel 6069; 4/1817 p.15) 1823 Jun 3 Attested copy of respite extended to forwarded to the Provost Marshall (Reel 6010; 4/3508 p.440) 1823 Jun 3 On lists of prisoners transported to Port Macquarie per "Sally" (Reel 6019; 4/3864 pp.52, 410-1) 1823 Jun 4 Re commutation of sentence of (Reel 6057; 4/1767 pp.117-117a) 1825 Jul 25 Capital conviction respited; charged with desertion and highway robbery. Forwarded to Sydney for trial, per "Elizabeth Henrietta", from Port Macquarie (Reel 6069; 4/1816 p.323) 1825 Sep 30 Sentenced to death. On return of prisoners tried before the Supreme Court of New South Wales (Fiche 3298; X727 p.13) 1825 Oct 15 Convicted for highway robbery. On return of prisoners tried, convicted and sentenced by the Supreme Court (Fiche 3298; X730 p.19) 1825 Oct 24 Tried with three others before the Chief Justice. Petition of George Stuart for mitigation of sentence (Fiche 3252; 4/1875 p.219a) 1825 Nov 17 Death sentence commuted to transportation to Norfolk Island for life; to be embarked on the "Amity" (Reel 6015; 4/3515 p.624) --------------------------------------------------- FRIDAY, SEPTEMBER 30, 1825. Before the CHIEF JUSTICE. William Lovel, Edward Mahon, Samuel Phips, and Wm Henesy, were indicted for a highway robbery, on Thomas Shear, a soldier at Port Macquarie, on the 1st of June last. Thomas Shear examined.—Is a private in the 3d Regiment (Buffs) , was stationed at Rollin's-plains at Port Macquarie ; knows the prisoners, witness was proceeding on duty from Rollin's-plains to a place called Prisoners'-gardens, in company with a constable named Stewart, and was stopped by the four prisoners at the bar, and another, who rushed out from the bush, threw witness down, and tied his hands ; they were all armed with large knives ; they took his musket, some ammunition, and a small portion of provisions ; the constable, and one of the prisoners, had a struggle for the musket, during which time it went off. While the constable was down, the prisoner Henesy asked him why he discharged the musket and offered to stab him with a knife, but was prevented by out of the party named Brown. The prisoners detained witness, and the constable all night, till 8 o'clock the next morning, and then allowed them to depart. A party of soldiers were sent in pursuit of the prisomers, by whom Brown was shot, and the remainder apprehended. John Stewart, a constable, corroborated the evidence of the last witness. His Honor summed up, and the Jury returned a verdict of Guilty.—Remanded. Sydney Gazette, 6 Oct 1825. ---------------------------------------------------- Wm. Ennesy, Wm. Lovell, Sam. Phipps, and Edward Mahon, (capital respites), convicted of an highway robbery in the district of Rawlins' Plains, at Port Macquarie. Sentence of death pronounced. The Judge intimated to the unhappy men that they must expect no mercy. The Australian, 20 Oct 1825.