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Elizabeth Phipps

Elizabeth Phipps, one of 119 convicts transported on the Wanstead, August 1813

Name, Aliases & Gender

Name: Elizabeth Phipps
Aliases: Elizabeth Westbrook, Elizabeth Magick, Elizabeth Madgwick
Gender: f

Birth, Occupation & Death

Date of Birth: 17th February, 1785
Occupation: Housekeeper/cook
Date of Death: 8th August, 1869
Age: 84 years

Life Span

Life span

Female median life span was 57 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to Life

Crime: Breaking and entering and stealing
Convicted at: Middlesex Gaol Delivery
Sentence term: Life
Ship: Wanstead
Departure date: August, 1813
Arrival date: 9th January, 1814
Place of arrival New South Wales
Passenger manifest Travelled with 118 other convicts

References

Primary source: Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/2, Page Number 107 (55)
Source description: This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Project.

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Community Contributions

Ron Garbutt on 4th June, 2015 wrote:

Sources for Birth, Crime, Trial, Sentence and Transportation.
Source Information
Ancestry.com. 1828 New South Wales, Australia Census (TNA Copy) [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
Original data: Home Office: Settlers and Convicts, New South Wales and Tasmania; (The National Archives Microfilm Publication HO10, Pieces 21-28); The National Archives of the UK (TNA), Kew, Surrey, England.
Source Citation
Class: HO 26; Piece: 18; Page: 84
Source Information
Ancestry.com. England & Wales, Criminal Registers, 1791-1892 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2009. This collection was indexed by Ancestry World Archives Project contributors.
Original data:
Home Office: Criminal Registers, Middlesex and Home Office: Criminal Registers, England and Wales; Records created or inherited by the Home Office, Ministry of Home Security, and related bodies, Series HO 26 and HO 27; The National Archives of the UK (TNA), Kew, Surrey, England.
Source Citation
Class: HO 10; Piece: 14
Source Information
Ancestry.com. New South Wales, Australia, Settler and Convict Lists, 1787-1834 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
Original data: Home Office: Settlers and Convicts, New South Wales and Tasmania; (The National Archives Microfilm Publication HO10, Pieces 1-4, 6-18, 28-30); The National Archives of the UK (TNA), Kew, Surrey, England.
Source Citation
Series: NRS 937; Reel or Fiche Numbers: Reels 6004-6016
Source Information
Ancestry.com. New South Wales, Australia, Colonial Secretary’s Papers, 1788-1856 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2010.
Original data:
New South Wales Government. Main series of letters received, 1788-1825. Series 897, Reels 6041-6064, 6071-6072. State Records Authority of New South Wales. Kingswood, New South Wales, Australia.
New South Wales Government. Special Bundles, 1794-1825. Series 898, Reels 6020-6040, 6070; Fiche 3260-3312. State Records Authority of New South Wales. Kingswood, New South Wales, Australia.
New South Wales Government. Memorials to the Governor, 1810-25. Series 899, Fiche 3001-3162. State Records Authority of New South Wales. Kingswood, New South Wales, Australia.
Source Information
Ancestry.com. New South Wales, Australia Convict Ship Muster Rolls and Related Records, 1790-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2008.
Original data: New South Wales Government. Musters and other papers relating to convict ships. Series CGS 1155, Reels 2417-2428. State Records Authority of New South Wales. Kingswood, New South Wales, Australia.
Source Information
Reakes, J., comp. Australian Convict Index, 1788-1868 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2001.
Original data: 1788-1868 Convict Records. Records kept at the New South Wales State Records Office, P.O. Box R625, Royal Exchange, NSW 2000; at the Archives Office of Tasmania, 77 Murray St., Hobart, TAS 7000; and at the State Records Office of Western Australia, Alexander Library, Perth Cultural Centre, Perth, WA 6000

Ron Garbutt on 4th June, 2015 wrote:

Married William Madgwick (Magick) in 1834.
Source.
Source Information
Ancestry.com. Australia, Marriage Index, 1788-1950 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.
Original data: Compiled from publicly available sources.

Ron Garbutt on 4th June, 2015 wrote:

Sources for Death.
8 August 1869, Richmond, NSW
Source Information
Ancestry.com. Australia and New Zealand, Find A Grave Index, 1800s-Current [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: Find A Grave. Find A Grave. http://www.findagrave.com/cgi-bin/fg.cgi.
Source Information
Ancestry.com. Australia, Death Index, 1787-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.
Original data: Compiled from publicly available sources.

Ron Garbutt on 4th June, 2015 wrote:

Details of Ship: Wanstead
Details for the ship Wanstead (1814)
Ship Name: Wanstead
Rig Type: S.
Built: America
Build Year: 1811
Size (tons): 253
Voyage Details
Master: Henry Moore
Surgeon:
Sailed: 24 August 1813
From: Spithead
Arrived: 9 January 1814
Port: PJ
Route:
Days Travel: 138
Convicts Landed: 0 males & 117 female convicts

Ron Garbutt on 6th June, 2015 wrote:

More Details of Ship ‘Wanstead”
Wanstead left for New South Wales with 120 female convicts
WANSTEAD - 1814

(Green Book - Underwriters)
Master: Captain H. Moore
Rigging: Ship; 2 decks; sheached in copper in 1813; fastened with copper bolts
Tonnage: 253 tons
Construction: in America; vessel 3 years old
Owners: H. Moore
Draught under load: 14 feet
Port of survey: London
Voyage: sailed for Botany Bay

(Red Book - Shipowners)
Master: Captain H. Moore
Rigging: Ship; 2 decks; sheathed in copper in 1813; mostly copper bolts
Tonnage: 253 tons
Construction: 1811 in Newbury Point
Owners: Captain
Draught under load: 15 feet
Port of survey: London
Voyage: sailed for Botany Bay
Source:
http://www.webruler.com/gprovost/ShipsV_to_Z1.htm

Ron Garbutt on 6th June, 2015 wrote:

Marriage to William Magick (Madgwick)
1834
Sydney
Source Information
Ancestry.com. Australia, Marriage Index, 1788-1950 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.
Original data: Compiled from publicly available sources.

Ron Garbutt on 6th June, 2015 wrote:

The Story of William Madgwick, Elizabeth Phipps and James Westbrook

William Madgwick was born on the 5th of March 1769 in Fittleworth, Sussex, England. He married a woman called Mary Mansfield in 1793 at Sussex. Together they had five children: James (b. 16 February 1794 Fittleworth), William (b. 23 October 1796 Fittleworth), Thomas (b. 16 June 1799 Fittlworth), Mary (b. 19 February 1804) and Charles (b. 18 November 1808).

Abt. 1812 William was caught for sheep stealing and was sentenced to death at the Sussex Court. Death of course meant he was to be sent to Australia as a convict. In 1813 he left England onboard the General Hewitt. His wife and children did not follow as many of other convict families did, instead the family announced that he had died. William arrived in Australia in 1814. It took him a mere four years before he was given an Conditional Pardon in 1818.
Meanwhile…
Elizabeth Phipps was born on the 17th of February c.1792 in London to Edmund Phipps (b. 11th of May 1760 in Marylebone, London) and Susannah Harris (b. 12th of May 1768 Shoreditch, London).

James Westbrook (b. 1789 London) was one of three children born to Edward Westbrook and Elizabeth Fitchett. His brother’s name was Samuel and he had a younger sister whose name is unknown.

James and Elizabeth first came onto record when they were caught along with Elizabeth’s mother and James’s brother for breaking and entering the house of Joseph Covington. At the time James was a butcher. Their trail was held at the Old Bailey and like many others their fate was sealed there. James aged 22 and Elizabeth aged 20 were found guilty whilst Susannah Phipps and Samuel Westbrook were found not guilty. The year was 1812 when they were sentenced to death (transportation to Australia for life).

James came to Australia with 45 other convicts onboard the ‘Earl Spencer’. He arrived in the colony on the 9th of October 1813 where he was given to William Cox, the magistrate at Windsor and was distributed on the 14th of October 1813.

In his time as a convict James lived in Bathurst where he was one of the workers on the construction of the road over the Blue Mountains. By the 7th of July 1818 James was on William Cox’s list to have his sentence of life reduced. He received his conditional pardon on the 13th of July 1818.

Meanwhile Elizabeth arrived in Australia on the ‘Wanstead’ on the 9th of January 1814. She was freed by 1816. During her time as a convict Elizabeth met William Madgwick who she would eventually marry.
In 1834 William married Elizabeth Phipps at the right old age of 66.
Elizabeth gave birth to nine children. It is unknown whether the father of the children was James Westbrook or William Madgwick. It is believed that the majority of them did belong to James Westbrook.
James Westbrook died of old age on the 14th of July 1859 in Windsor Hospital, NSW. He is buried in St. Matthews, Windsor, NSW. Elizabeth Phipps died on the 8th of August 1869 in Richmond. She is buried in St Peters, Richmond, NSW.
William Madgwick passed away of old age on 16th of June 1860 in Richmond, NSW. On the NSW BDM it states that he was 108 years old but in truth he would have been about 91. He was buried on the 18 June 1860 in St Peters, Richmond.
The children of James, Elizabeth and William can appear in the registries under one surname but then they might have lived under the other name and died under yet another i.e. born a Westbrook, lived a Magick, died a Madgwick.

Source: The Stuart Family Message Board
The Magick/Madgwick family: http://stuartfamilyhistory.proboards.com/thread/2/magick-madgwick-family
The Phipps and Westbrook Families: http://stuartfamilyhistory.proboards.com/thread/4

Ron Garbutt on 7th June, 2015 wrote:

Further reading: Convict Ship Wanstead.
Free Settler or Felon? website.
http://www.jenwilletts.com/convict_ship_wanstead_1814.htm

Ron Garbutt on 15th June, 2015 wrote:

Source for Details of Ship: Wanstead 1814

Claim a Convict website.
http://www.hawkesbury.net.au/claimaconvict/shipDetails.php?shipId=103

Ron Garbutt on 7th March, 2020 wrote:

JAMES WESTBROOK, ELIZABETH PHIPPS, SUSANNAH PHIPPS, SAMUEL WESTBROOK.
Theft: housebreaking.
16th September 1812
Old Bailey Proceedings Online (http://www.oldbaileyonline.org, version 8.0, 07 March 2020), September 1812, trial of JAMES WESTBROOK ELIZABETH PHIPPS SUSANNAH PHIPPS SAMUEL WESTBROOK (t18120916-3).                   
https://www.oldbaileyonline.org/browse.jsp?id=t18120916-3&div=t18120916-3&terms=james_westbrook#highlight


627. JAMES WESTBROOK , ELIZABETH PHIPPS , SUSANNAH PHIPPS , and SAMUEL WESTBROOK , were indicted for feloniously breaking and entering the dwelling-house of Joseph Covington , about the hour of eight in the forenoon, on the 1st of April , and stealing therein, eighteen gowns, value 3 l. seven petticoats, value 1 l. six pair of blankets, value 3 l. a feather bed, value 3 l. a bolster, value 5 s. two pillows, value 5 s. a time-piece, value 6 l. a silver cup, value 1 l. and five yards of muslin, value 5 s. the property of Joseph Covington .
JOSEPH COVINGTON . I am a licensed hawker . In April last I lived in Angel and Porter-court, Golden-lane, in the parish of St. Luke, Old-street . I am the occupier of the house. It consisted of three rooms. Two rooms I let out. I let the ground floor to Corcoran, and I occupied the one pair of stairs. Susannah Phipps and her daughter lived in the two pair of stairs room.
Q. Did you know that any other person lived with her - A. No, not to my knowledge.
Q. On what day did you leave town - A. On Monday, the 1st of April, between six and seven in the morning, I fastened my door with two padlocks, and a common lock. I left my door quite secure.
Q. At the time you left were all the property which is stated in the indictment in your room - A. Yes.
Q. Were there eighteen gowns in the room - A. Yes, and seven petticoats, six pair of blankets, two pillows, twelve waistcoats, a time-piece, a telescope, eight yards of muslin, four table-spoons, and seven silver table-spoons.
Q. What is the value of them altogether - A. About one hundred and twenty pounds. I returned on the 1st of May.
Q. When you came home in what state did you find the door of your room - A. My wife was there first. She sent to me. I came immediately. I found all the locks of the room door broken. My wife sat in the chair crying, and every thing was gone in the boxes and the drawers.
Q. On that day did you receive some information from your lodger, Corcoran - A. Yes, the same night, and in consequence of that information I went to Wayman’s.
Q. Afterwards did you receive from Wayman any of your property - A. I did. I received the timepiece and the muslin. He promised to bring the telescope, but he did not.
Q. Did you then cause Corcoran to be apprehended - A. I did; and afterwards the prisoners were all four taken up.
Mr. Adolphus. What are you - A. A licensed hawker. I deal in lace. The gowns were my wife’s: The telescope was for my pleasure.
Q.Where do you live now - A. At Bedford. I am going to throw up the house in Angel and Porter-court.
See original
MRS. COVINGTON. Q. When you returned to town in May, in what condition did you find the door - A. I found the door was broken open, and the top hatch was entirely gone. The door was open, and the property was all gone.
Mr. Adolphus. Were these all your own gowns - A. Yes. I had eighteen left behind.
PETER CORCORAN. Q. You lodge, we understand, at the prosecutor’s house - A. Yes.
Q. Do you remember his going out of town on the 1st of April - A. Yes.
Q. Did you know whether any person besides Mrs. Phipps lived in the two pair of stairs room - A. I did. James Westbrook and the daughter lived there with the mother.
Q. Now, at what time in the morning did you first observe any noise up stairs on the 1st of April - A. Mrs. Phipps awoke me at seven o’clock. She told me to get up, and I got up. She went up to her daughter, and she and her daughter was scolding. She afterwards came down, brought a small bundle, went out, and came back again. She always called me every morning.
COURT. Who went out with the bundle - A. Susannah. That was a bundle belonging to herself, I supposed. After that she came back at eight o’clock. She said, she should go to work. In a little while after she went out I heard a noise up stairs. I heard a creaking, and after the creaking, I heard a person walking, as if they had no shoes on, in Covington’s room, over my head.
Q. At that time did you know that Covington and his wife had gone out of town - A. I did not know. In about half an hour afterwards I observed James Westbrook going out with some bundles. I observed the daughter going out with the time-piece. She said, she was going with it to a person of the name of Smith. She came back. I saw her go out with another bundle. Her mother and Samuel Westbrook were standing at the corner of the court.
Q. What was done with the bundle the daughter last carried out - A. She gave it to Samuel Westbrook .
Q. How near was the mother to Samuel Westbrook when the bundle was given to him - A. She might be a dozen yards from him.
Q.She gave the bundle to Samuel - A. Yes.
Q. Was there any more bundles taken out after that - A. There was, by James Westbrook and the daughter, Elizabeth Phipps .
Q. How long did this taking out of bundles continue - A. Some time after eight o’clock, until near one.
Q. When these bundles were all gone, what became of James Westbrook - A. He and Elizabeth Phipps locked the door of Susannah Phipps , and wanted me to have the key. I refused. The child with them had the key. Elizabeth Phipps said, if my mother comes home and makes a noise, she would do for her mother and somebody else. Elizabeth Phipps and James Westbrook went away. They never returned again that night.
Q. Did Mrs. Phipps, the mother, complain to you, that she had been robbed by James Westbrook and her daughter - A. Yes; and the next day, about twelve o’clock, she looked at Covington’s door. She said, he was robbed as well as she, and that his property was at Wayman’s, in the City-road. She said, she knew where there were a good deal of property, shirts and linen, and if I could spare six or seven pounds, I might buy a bargain, if I could keep a secret, and not tell Mr. Covington; that nothing could hurt her. I said, I had no money to spare. After that time there was no peace in the house. She was always scolding me, as she knew I knew all.
Q. When Covington came to town did you tell him all you knew respecting it - A. I gave him the information I have given you. About a week after he took me up.
Mr. Adolphus. What are you - A. A labouring man at any thing that I can catch.
Q. What were you on the 1st of April last - A. A porter in the green market.
Q. How came you to stay at home that morning - A. I was not well.
Q. You got up, I suppose, when this old lady called you - A. I did. She called me between six and seven. I got up immediately, and sat down by the fire. I went out for tobacco, and eggs for my wife; when I saw these people at the corner of the court I went out for the air. I told Mrs. Phipps I was ill when she called me.
Q.You were a witness here last sessions, were not you - A. I was.
Q. Were you never tried here - A. No.
Q. What is your name? Cochrane or Corcoran - A. Corcoran.
Q. You saw all these people going out with bundles - A. As I told you. Elizabeth Phipps and James Westbrook took the bundles out of the house. I saw nobody else.
Q. You never told any body a word of this until Covington came home - A. I forget whether I did or not.
Q. You were taken up as the thief - A. Exactly so.
Q. And being taken up you told all this - A. I did.
Q. The old woman called you up to hear all this - A. She called me up at different times.
COURT. Did Samuel Westbrook live in the house - A. No.
Q. Did you ever see him in the house - A. I did.
Q. When you went out you saw Samuel Westbrook and the old woman at the corner of the yard - A. Yes.
Q. What distance is that from the house - A.Forty-nine yards.
Q. And there you saw Elizabeth deliver the bundle to Samuel - A. Yes.
Q. Can you tell me whether she saw her deliver the bundle to Samuel - A. I do not suppose she did. Her back was turned.
Q. At what time was it you saw this - A.About eleven o’clock.
MARY CHISWELL . I live at No. 14, Wood’s-buildings, Whitechapel.
Q. Did the prisoners, James Westbrook and Elizabeth Phipps, come to lodge with you - A.Yes. He came in the name of James Smith : she came and
See original
his wife, on Thursday, the 2nd of April, and that day eight weeks they were taken in custody.
Q. During the time they lodged with you, did Elizabeth Phipps offer you any thing for sale - A. Yes, a red flowered gown, and a dimity petticoat.
Q. to Mrs. Covington. Had you any gown like that that you lost - A. No.
Q. to Mrs. Chiswell. Did she offer to sell you any thing else - A. Yes, When I was taken ill she offered to lend me a blanket, and a great many bed-clothes, as she thought I was in want of them at that time.
JOHN LIMBRIC. I am an officer. I found James Westbrook in custody. I searched him at the Poultry Compter. I found nothing on him, except an handkerchief I took off his neck. In the mean time Elizabeth Phipps came in. I took her with me to Mrs. Chiswell’s house, and searched their lodging. In James Westbrook ‘s hat-box I found this letter, addressed for Samuel Westbrook , No. 8, James-street.
(The letter read.)
=“Dear brother, This comes, with my kind love to you, hoping to find my sister and you in good health, as it leaves me. I shall take it a great favour, if you will let me know how things are settled, for I have heard that James Wayman has been with him, and is letting him have the things back again. I will meet you at the Bricklayers Arms. Do not fail coming.
JAMES WESTBROOK .=”
Limbric. I found also in Westbrook’s room a duplicate in the name of Smith for a shirt pawned at Mr. Dexter’s, on the 25th of May. I found also a chisel in Mr. Covington’s house. I tried the chisel to the drawer. It fitted the marks.
THOMAS DEXTER . I am a pawnbroker in Whitechapel. I produce a shirt. The duplicate produced by Limbric is my duplicate. The shirt was pawned in the name of Mrs. Smith, in Wood’s-buildings.
Prosecutrix. I know that is my husband’s shirt. I made the button holes. I did not make the shirt. My husband had the time-piece and the muslin from Wayman. He delivered them to Hutt the officer. The muslin is mine.
Prosecutor. It is my time-piece.
James Westbrook ‘s Defence. I am very innocent of what I am indicted for. I was hard at work when I was taken.
Elizabeth Phipps’ Defence. On the morning that Mrs. Covington left town, she called me down stairs, between six and seven. She said, where is your mother? Why does not she live at home? Mrs. Covington gave me a five-pound note, and two lace caps. I was rather fearful. I would not take them until I went up to Westbrook. I was to deliver them to my mother in Fetter-lane, where she then was. They all deal in stolen property. The things that were moved out of the place were my own.
Susannah Phipps ‘s Defence. The man that lives in Covington’s house deals in bad-notes, and stolen property. That is how he gets his living.
Samuel Westbrook left his defence to his counsel.
ANN PRICE . I live at No. 8, James-street, St. Luke’s. Samuel Westbrook lodged in the house I did. He lived in the one pair. I occupy the second floor. He had been out of work a good while, and on on the 1st of April, he was glad he had got work. I heard him at work all that morning. He is a watch motion-maker. I can safely say he was at home all that morning.
JAMES WESTBROOK , GUILTY DEATH , aged 22.
ELIZABETH PHIPPS , GUILTY DEATH , aged 20.
SUSANNAH PHIPPS , NOT GUILTY .
SAMUEL WESTBROOK , NOT GUILTY .
First Middlesex jury, before Mr. Justice Gibbs.

Ron Garbutt on 13th March, 2020 wrote:

Elizabeth Phipps, 1797–1869
Elizabeth Phipps

Married name
Elizabeth Magick
Married name
Elizabeth Madgick
Married name
Elizabeth Madgwick

Facts and events

Birth about 1797

Source: Census of New South Wales November 1828, ed. by Malcolm R. Sainty and Keith A. Johnson. Sydney: Library of Australian History, 1985 ie. 1980
Citation details:
p. 301

Text:
age given as 31 in 1828

Immigration January 9, 1814 (Age 17 years)
Sydney Cove, Greater Sydney, New South Wales, Australia

Source: State Library of Queensland. Convict Transportation Registers Database 1787-1867 [database on-line].
Text:
Elizabeth Phipps, one of 119 convicts transported on the ship Wanstead, August 1813.
Notes: Sentence details: Convicted at Middlesex Gaol Delivery for a term of life on 16 September 1812.
Vessel: Wanstead.
Date of Departure: August 1813.
Place of Arrival: New South Wales.
Source: Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/2, Page Number 107 (55)

Source: Bateson, Charles. The convict ships 1787-1868. 2nd ed. Glasgow : Brown, Son & Ferguson Ltd., 1985 ie 1969
Citation details:
p. 340

Text:
The ship Wanstead arrived in NSW 9 Jan 1814

Source: The Criminal recorder: or, Biographical sketches of notorious public characters, including murderers, traitors, pirates, mutineers, incendiaries ... and other noted persons who have suffered the sentence of the law for criminal offenses ; embracing a variety of curious and singular ..., Volume 2. Priinted and sold by R. Dowson, 1815 Original from the New York Public Library Digitized 13 Feb 2007
Citation details:
p. 370

Text:
JAMES WESTBROOK AND ELIZABETH PHIPPS
Convicted at the September Sessions, 1812, and sentenced to death for Burglary.
THESE two person,s along with Susannah Phipps, and Samuel Westbrook, were indicted for breaking and entering the dwelling house of John Covington, and stealing therein eighteen gowns, a quantity of petticoats, a piece of muslin, a time-piece, some silver table spoons, and a variety of other property, to the value of one hundred and twenty pounds in the whole.
It appeared that the prosecutor, who was a licenced hawker, left town along with his wife, in the way of his business, on the 1st of April last, having previously secured his room-door by means of an ordinary lock and two padlocks. The only lodgers in the house were a person of the name of Corcoran, who lived in the first pair, and the prisoner Susannah Phipps, who, though unknown to the prosecutor, suffered the other female prisoner, Elizabeth phipps, her daughter, and James Westbrook, to reside along with her. On the morning of the day on which the prosecutor left town, Corcoran heard a noise made by Elizabeth Phipps, below stairs, occasioned by the scouring of a tub, while, at the same moment, he heard a different sort of noise up stairs, as if it were of breaking open something in the prosecutor’s room.
He afterwards saw the prisoner, James Westbrook, carry out a bindle, and Elizabeth Phipps, carry out a time-piece in her lap. These two prisoners afterwards took out more bundles, and continued doing so from about seven or eight o’clock in the morning, till about one. The mother, Susannah phipps, was not present during the time, bot having slept at home the preceding night. About eleven o’clock, Corcoran saw Susannah Phipps, the mother, and the other prisoner, Samuel Westbrook, the brother of James, standing together, at the corner of Play-house-yard, when Elizabeth Phipps came up with a bundle, which she handed to Samuel Westbrook, who went away with it. This was all the part he saw either Samuel Westbrook or Susannah Phipps take in the business, Susannah Phipps not having come home till night. Corcoran heard the daughter saw, if her mother made any noise about it, she would do for her and for others. Some of the articles were afterward traced to a pawnbroker’s, with whom they had been pledged in the name of Elizabeth Smith, and the duplicates were found in the possession of the prisoners, James Westbrook, and Elizabeth Phipps, who were apprehended in lodgings, were they lived under the assumed name of Smith.
Sir Vicary Gibbs, who tried the case, recommended to the jury to throw out of their consideration the case of Susannah Phipps, against whom no direct proof had been brought; of the guilt of Elizabeth Phipps and James Westbrook, there seemed to be no doubt; and the only remaining point for their consideration was, what part Samuel Westbrook had taken in the transaction? Whether from the circumstance of his waiting in the immediate neighbourhood to receive the bundle, they saw sufficient to convince them that he was also cognizant of the breaking and entering; in which case he must be held to have been aiding and encouraging, and as such, to be as guilty as the rest.
The jury, after some deliberation, found James Westbrook, and Elizabeth Phipps - Guilty Death, and Samuel Westbrook - Not Guilty.

Marriage James Westbrook
after January 9, 1814 (Age 17 years)

Source: Purnell, Marion (editor)
Text:
Can’t locate any marriage registration in Australia or England. Elizabeth married William Madgwick in 1834 as Elizabeth Phipps whilst James Westbrook was still living so she and James Westbrook probably never married. Having known each other prior to being transported and convicted for their parts in the same crime, they could possibly have married prior to transportation, but the record of trial indicates that they weren’t married, but living in the same house with Elizabeth Phipps’s mother, Susannah.

Census about 1825 (Age 28 years)
Sydney City, Greater Sydney, New South Wales, Australia

Source: Ancestry.com. New South Wales and Tasmania, Australia Convict Musters, 1806-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
Citation details:
1825 muster (1823-1825)

Text:
Westbrook, James, conditional pardon, Earl Spencer, 1813, life, brickmaker, Sydney
Westbrook, Louisa, 11, born in the colony, daughter of above
Westbrook, Harriet, 9, born in the colony, daughter of above
Westbrook, Emily, 7, born in the colony, daughter of above
Westbrook, William, 6, born in the colony, son of above
Westbrook, Ann, 4, born in the colony, daughter of above
Westbrook, Sarah, 2, born in the colony, daughter of above
Phipps, Elizabeth, free by servitude, Wanstead, 1814, 7 years,  living at Madgewick, Richmond, wife of James Westbrook

Census November 1828 (Age 31 years)
Richmond, Hawkesbury, New South Wales, Australia

Source: Census of New South Wales November 1828, ed. by Malcolm R. Sainty and Keith A. Johnson. Sydney: Library of Australian History, 1985 ie. 1980
Citation details:
p. 301

Text:
Phipps, Elizabeth, 31, free by servitude, Wanstead, 1814, 7 years, Protestant, housekeeper, to Wm Maquirk, Richmond
Westbrook, Louisa, 14, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, Harriet, 11, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, Emily, 10, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, William, 8, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, Ann, 6, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, Sarah, 5, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, Sophia, 4, born in the colony, lives at Wm Macquirk, Richmond
Westbrook, James, 2, born in the colony lives at Wm Macquirk, Richmond
Westbrook, James, 39, conditional pardon, Earl Spencer, 1813, life, Protestant, brickmaker, Richmond
Maquirk, William, 68, conditional pardon, G. Hewitt, 1814, life, Protestant, brickmaker, Richmond

Marriage William Madgwick
1834 (Age 37 years)
Sydney City, Greater Sydney, New South Wales, Australia

Source: Ancestry.com. Australia Marriage Index, 1788-1950 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.
Text:
Name: Elizabeth Phipps
Spouse Name: William Madgick
Marriage Date: 1834
Marriage Place: New South Wales
Registration Place: Sydney, New South Wales
Registration Year: 1834
Volume Number: V A

Death August 8, 1869 (Age 72 years)
Richmond, Hawkesbury, New South Wales, Australia

Source: National Library of Australia. Trove: one search…a wealth of information. [database on-line].
Citation details:
Empire (Sydney) Sat 14 Aug 1869 p. 1

Text:
DEATHS.
At her residence, Richmond, on Sunday, August 8th of ap-
poplexy, Mrs. Elizabeth Magick, aged 78 years. The deceased
was one of the oldest inhabitants of Richmond, having been a
resident in that town 60 years. She leaves 12 children, 80 grand-
children, and 20 great-grandchildren. Her end was peace.

from Australian Royalty website:
https://australianroyalty.net.au/tree/purnellmccord.ged/individual/I31541/Elizabeth-Phipps

Convict Changes History

Ron Garbutt on 4th June, 2015 made the following changes:

date of birth: 17th February, 1785 (prev. 0000), date of death: 8th August, 1869 (prev. 0000)

Ron Garbutt on 4th June, 2015 made the following changes:

gender: f, occupation, crime

Ron Garbutt on 6th June, 2015 made the following changes:

alias1: Elizabeth Westbrook, alias2: Elizabeth Magick

Ron Garbutt on 6th June, 2015 made the following changes:

alias3: Elizabeth Madgwick

Ron Garbutt on 9th March, 2020 made the following changes:

crime

This record was discovered and printed on ConvictRecords.com.au