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Francis Sherwood, one of 219 convicts transported on the Ocean, August 1815
Name, Aliases & Gender
Birth, Occupation & Death
|Date of Birth:
|Date of Death:
||23rd May, 1853
life span was 59 years*
* Median life span based on contributions
Conviction & Transportation
Sentenced to 7 years
||Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/2, Page Number 239 (121)
||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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Denis Pember on 16th January, 2016 wrote:
The following is an (edited) Extract from the ‘MERCURY, 4th March, 1815’. Re Francis Sherwood’s Trial & Conviction.
The prisoner was indicted under the Act of Parliament, 7th Geo. 11, cap.21 - Intitled “An Act for the more effectual punishment of assaults with intent to commit robbery”—for assaulting Miss Eliz. Pirkins in the Parish of Bugbrook—(Another bill was also found against him for an assault with a similar intention on Mrs Howes).
Mr Reader in opening the case on the part of the prosecution, stated to the Court and Jury, the leading features thereof.
Mrs Howes (the first witness called) being sworn, deposed, That she walked from Bugbrook on the 10th October last to visit her uncle, Mr Joseph Pirkins, who lived about a mile from Bugbrook—returned about three o’clock in the afternoon with Miss Pirkins, who had proposed to accompany her in her way back as far as the navigation bridge—when within three or four yards of the bridge, they met the Prisoner going towards Cayton—
He said, “You shan’t go this way,” crossing several times the road before them, “Deliver your money”
Witness and her cousin both denied having any; Prisoner continuing to say—“Deliver your money, or damn you, I’ll murder you both”—Witness, however, still refused; when the Prisoner hit her a slap in the face with his open hand, which she returned by hitting him in the face as well as she could.—
Prisoner then turned to Miss Pirkins and said “Deliver your money,” and laid hold of her—Miss Pirkins cried out and was greatly alarmed—Witness said—“Don’t be frightened, you shan’t go back alone,” and went towards her to take the Prisoner away, who then pushed Miss Pirkins into the hedge—Witness further stated, “I seized him, and he thereupon tried to push me into the opposite hedge, but I struggled, and got away.”—
Prisoner then seized Miss Pirkins a second time, who said, in a state of great alarm, “God bless you, cousin, lend a shilling.”—
Witness refused to comply, saying, “I would sooner suffer him to take away my life, than such a rascal should have my money,”—
Prisoner then threw Miss Pirkins down in the road, seized her by her neck, and strove to throttle her; during which, his back being towards Witness, who siezed him round the neck with both her hands. (Miss Pirkins and Prisoner both on the ground), and he called out; but Witness held him so tight that she was obliged to slacken her hold to enable him to speak distinctly, when he said, “God bless you, Madam, let me get up, and I will not molest you again, but go quietly on.”
Witness then suffered the Prisoner to get up, who immediately turned round and said, “Now, my Lady, I will be revenged of you; I have a knife in my pocket, and I will be the death of both of you.” Witness at this time was so situated as to see down the navigation, and thought she saw on the water, the shadow of a person who was approaching; the Prisoner was feeling in his waistcoat pocket, she concluded, for a knife.—On Witness’s looking again, she saw a man on the towing path making up to the gate, when she called upon him for assistance, which he immediately promised, and went up and secured the Prisoner.
To a question here put to Mrs Howe by the Court, she replied, “That until the Prisoner was secured, he was never out of her sight.”
On her cross-examination by Mr Reynolds, Mrs Howes stated that when the person who gave them assistance was approaching, the Prisoner was between them and that person, and that the Prisoner did make a slight attempt to get away.
Miss Elizabeth Pirkins stated, that she recollected being in company with Mrs Howes on the 10th of October, That she met her at her uncle’s, and on Mrs Howes’ going away, she set out to accompany her a short distance,—that they met the Prisoner near the navigation bridge on the road from Bugbrook to Gaydon—that Prisoner said “You shan’t go on this road”—that he was going towards Gaydon and they towards Bugbrook, he therefore
met them—That Prisoner crossed the road several times, which prevented them from going on—He said, “Deliver your money, before you go further.” and spoke very roughly—Witness said ” That she had none “, he then pushed her into the hedge; she did not fall at first, but was so much frightened that she could not
recollect whether the Prisoner said anything when he pushed her.—Mrs Howes came up—He then seized the Witness and pushed her down again with both hands on her neck; he did this with violence and hurt her very much—The Prisoner’s foot slipped, and he fell down—Witness said that she was so much alarmed
that she did not know what passed from the time she was pushed down until the Prisoner was taken; she recollected Allen’s coming up, and the Prisoner being taken by him.
On her cross-examination, Miss Pirkins said—she was much alarmed—did not perceive that the Prisoner was intoxicated—his foot slipped when he had pushed her into the hedge—it was not long before he was removed after he had got her down—it was quite a public road.
Henry Allen,—lives at Banbury-Lane, was going thither from the Canal on the 10th October—thought he heard a strange noise—made a stop, and turned his head—then heard a voice say “I will have your money”—heard another say “I have no money”—He looked round and saw a lady on the bridge, who beckoned to him—went to her assistance—when he got to her, Mrs Howes desired he would lay hold of the Prisoner, which he did; took him to Bugbrook, and he was afterwards committed.
On being cross-examined, Allen said, He did not see the Prisoner in the attack—he appeared to have had liquor—on going to Bugbrook he rather reeled, but Witness observed to him that he could walk as well as he could.
And on his re-examination, Witness said—That after the observation he had made to the Prisoner, he walked better, and did not appear to be drunk.
The case for the prosecution being finished, Mr Reynolds objected on the part of the Prisoner, That he should not be put upon his defence; submitting that the evidence did not apply to the indictment as the charge was therein laid; and urging that to support the prosecution under the Act of Parliament on which the charge was laid in the indictment the proof of the intention to rob ought to have followed the assault, and that there
was no demand proved after the threats or menaces made by the Prisoner, This objection, however, was overruled
by the Court.
Several persons were called to speak to the character of the Prisoner.
Mr Clarke (who officiated for the Judge) stated to the Jury that the indictment charged the Prisoner with making an assault with intent to rob, and that it was necessary it should do so; for if the assault was for any other purpose, the Prisoner could not be convicted under that indictment; he explained the statute to
require that the menace should be of such a nature, and made in such a maner as to enforce delivery, and not in a joking manner. He then recapitulated he evidence, and observed that the expression used by the Prisoner “Deliver your money, or damn you, I’ll murder you both,” was beyond doubt, a menace implying that he would forcibly carry his threat into execution; and most clearly within the intention of the statute. The Jury
almost immediately returned a verdict of “GUILTY” against the Prisoner, but recommended him to mercy.—-
The sentence was, pursuant to the express enactment of the Statute, Transportation For Seven Years.
Denis Pember on 16th January, 2016 wrote:
In the colony, Francis married Susannah Moulds, April 22nd 1827 at Paramatta.
Susannah was aged 18 and was the daughter of Simon Mould (Convict, Barwell, 1797) and Ann Davis (Convict, Lady Juliana, 1790).
Francis and Susannah had 11 children between 1824 and 1851.
Denis Pember on 16th January, 2016 wrote:
The couple are recorded on the 1828 Census.
Sainty & Johnson; 1828 Census of New South Wales:
[Ref S0734] Sherwood, Francis, 33, FS, Ocean, 1817, 7 years, Labourer, Seven Hills.
[Ref S0735] Sherwood, Susannah, 20, born in the colony.
[Ref S0736] Sherwood, Joseph, 4, born in the colony.
[Ref S0737] Sherwood, Mary Ann, 1, born in the colony.
Convict Changes History
Denis Pember on 16th January, 2016 made the following changes:
date of birth: 1795 (prev. 0000), date of death: 23rd May, 1853 (prev. 0000), gender: m, crime