Henry Smith

218

Dianne Jones on 30th April 2021

1839, 3 September: Tried and convicted in the Hobart Supreme Court and sentenced to 14 years for “aiding and abetting James Dixon in a burglary in the dwelling house of Felix Murphy”. Sent to Port Arthur for 5 years (see https://stors.tas.gov.au/CON31-1-38$init=CON31-1-38p327). 1844, 8 March: He received a Third Class Pass/Certificate. 1844, 10 May: Convicted for larceny under 5 pounds – to be returned to Port Arthur and there held to hard labour for 12 months. 1844, 17 May: Removed from Port Arthur to serve probation at Glenorchy “and then if well conducted [to receive] 1 Class wages”. 1845, 5 December: Convicted for attempting to enter a dwelling house with a skeleton key – 9 months’ hard labour, and Ticket of Leave revoked. 1854, 8 March: Henry Smith received a Certificate of Freedom (see https://stors.tas.gov.au/CON34-1-2$init=CON34-1-2P253).

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Dianne Jones on 30th April 2021

1828: Henry Smith, 15, was sent from Newgate prison to the hulk Justitia at Woolwich; from there he was sent for transportation on 7 July (see UK, Prison Hulk Registers and Letter Books, 1802-1849). 1828: On arrival in VDL, Henry Smith was listed as 16, single, and an errand boy from North Street, City Road. He said he had been in Newgate [prison] before. He lived with his father who was a watchmaker and water gilder. 1834, 18 August: He received a Ticket of Leave. 1835: Free by servitude.

218

Dianne Jones on 30th April 2021

1828, 6 December: Henry Smith, 15, an errand boy, was tried at the Old Bailey: “Before Mr. Justice Holroyd. #19. HENRY SMITH was indicted for feloniously breaking and entering the dwelling-house of Samuel Jones, on the 29th of November, at St. Mary, Islington, and stealing 1 wine-strainer, value 10s., his property. MARIA JONES. I am the wife of Samuel Jones - we live in Canonbury-lane, in the parish of St. Mary, Islington. On the 29th of November I was called from the kitchen by Elizabeth Hudson, and found the prisoner detained. ELIZABETH HUDSON. I live at Mr. Samuel Jones'; No. 6, Canonbury-lane. On the 29th of November, about twelve o'clock in the day, I was at the second floor front window, and saw the prisoner in the front garden - he asked if I wanted to buy any black-lead pencils; I answered No, and he left the garden; I immediately came down stairs into the front parlour, and observed the window a little way open; the bottom sash was about two inches up - there was not then room for anyone to get in; I had seen it about eight or nine o'clock that morning; it was then quite shut. I went from the parlour into the kitchen; the silver wine-strainer was then safe on the parlour side-board; I returned from the kitchen in about five minutes, and found the sash thrown quite up; a chair was moved from the window, and I saw the prisoner walking from the side-board as I entered the room; I laid hold of him, till Mrs. Jones came to my assistance; she took hold of him, and before I had time to look at the side-board, she took the wine-strainer from his waistcoat pocket; I sent for a constable, and he was secured. I had not observed the window after nine o'clock; it was shut then, for I opened the shutters. MRS. JONES. I was not in the front parlour, to my knowledge, till Hudson called me up, and I saw her struggling with the prisoner, to hold him; I took hold of him by the collar, and secured him; he struggled a little, to get away, and I observed the wine-strainer under his coat, in his waistcoat pocket, and took it out - it is my husband's, and worth at least 10s. I had not opened the parlour window at all that day. JAMES PRICE. I am constable of St. Mary, Islington. On the 29th of November I was fetched to Mr. Jones', and found the prisoner in the parlour; I searched him, and found two bundles of pencils in his coat pocket, and outside the window, on the sill, two more bundles; I asked if they belonged to him - he said they did. I found a bag in his hat; Mrs. Jones delivered me the wine-strainer, and said, in his presence, that she took it out of his pocket. MRS. JONES. This is ours, and what I found on the prisoner; nobody was in the house besides me, Hudson, and a char-woman, who was in the bedroom; she came about seven o'clock, and was there till after the robbery; she was entirely occupied in the bedroom. My husband was not at home. The prisoner made no Defence. Three witnesses gave the prisoner a good character. GUILTY. Aged 15. The Jury stated it to be their opinion that the prisoner did not open the window in the first instance. Recommended to Mercy by the Prosecutrix, on account of his good character. Judgment Respited.” Note: Despite being sentenced to no punishment, the outcome for Henry Smith was transportation for 7 years! (see https://www.digitalpanopticon.org/life?id=obpt18271206-19-defend198)