John Smith

341

Maureen Withey on 21st November 2025

Criminal Court, Tuesday. John Smith, Henry Price, Joseph Wotton and George Barwick, were indicted for a burglary in the house of Christopher Bumbury, at Minto, on the morning of the 30th of January last. Christopher Bumbury, an apparently emaciated old man, deposed, that he had been in an ill state of health for 16 months prior to the affair which he was about to relate to the Court. That upon the night of the robbery he was sitting by the fire-side in much pain ; that about two o'clock in the morning, as near as he could suppose, he heard a noise, which was attributed to the dog, and in less than a minute after, the door was forced in, and three men entered armed with bludgeons. Without uttering a word, they beat the witness over the head, the arm, and other parts of the body ; in a moment the poor man was covered with blood. One of ruffians seized him by the throat; another beat his wife, who was in bed, in the same cruel way ; and the third broke open a box, which was emptied of its contents. His wife was the laundress for the gentry in the neighbourhood ; a quantity of wet linen was pendant on a line, which was also secured by the gang. Being interrogated as to his knowledge of the parties who thus treated him, he told the Court, that before he was struck, owing to a fine moonlight morning, and a large fire in the room, he had a full and satisfactory view of the prisoners, viz. Price, Wotton, and Smith. The latter prisoner had resided under the same roof with him for six months ; indeed, he had only removed about 2 months prior to the robbery. As for Price, he had intimately known him as a stock-keeper for two years. And the third prisoner, Smith, he could not mentally recognise by name, on the night of the robbery, but having described him to the police officer next morning, Smith was apprehended ; and he (Bumbury) then, and in Court, identified him as the man that broke open the box. It is as well to remark, that Smith used no violence ; but, the prosecutor swore again and again, that Price and Wotton both struck him together. The poor man with much difficulty ascended the witness-box, having to sustain himself by a crutch, owing to the dislocation of the right hip, which misfortune he met with on the night of the robbery, from one of the miscreants pressing him to the earth with his knees; in which position, however, he had a much clearer view of the prisoners. They remained about 15 minutes, and then went off, obeying a signal from without; which circumstance prompted Bumbury to crawl to the door, and then he saw a fourth man, whom, however, he could not swear to. The perilous situation of the prisoners was represented to the prosecutor in the most lively way, by His Honor the Judge Advocate ; the awful possibility of swearing the lives of the innocent away, was brought to his mind; but he again, and that repeatedly, swore that three of the prisoners at the bar were the men. Barwick he did not identify. Eleanor Bumbury confirmed her husband's testimony. She said she was in bed when the door was forced in ; and the first attraction was, that of her husband being beaten with bludgeons. She cried aloud for mercy ; told them he was a sickly old man; to take what the house contained ; but to shew her husband mercy. Upon repeating those mournful entreaties, the prisoner Wotton gave her two violent blows across the neck, and one on the arm :—blood flew in all directions. She still implored mercy, though her little daughter of 6 years old, who was huddled up in the blankets, besought her mother to be silent, for fear of being killed. Wotton then seized another stick, and again struck the poor woman ! Independent of the identity of the latter prisoner, she also positively swore to the prisoner Price, saying she knew him well for two years ; and Wotton lived in the same hut with her husband for 6 months. Three men entered the humble cottage, but to the third she could not speak. [With the circumstances of this cruel robbery, Wm. Howe, Esq. the Resident Magistrate was made acquainted; and, from the information of Bumbury, the four prisoners were immediately apprehended : they formed part of a clearing gang on Mr. Howe's estate at Minto, four miles from Bumbury's hut.] Two police officers were called to prove some circumstances connected with the apprehension of the prisoners ; and the overseer of the gang, to which they were attached, deposed that they were in their huts at 8-o'clock muster on the preceding evening, and were also at their station at day-light next morning. The prosecution here closed. Many fellow convicts were called by the prisoners to prove their actually sleeping in the huts with them, onthe night of the robbery ; and it was astonishing to hear it stated, that four of those witnesses slept in one hut with one of the prisoners, and that each of them, on that identical night, should have particularly observed their mess-mate in bed, and that at different hours! They were certainly the poorest alibis ever attempted to be proved ; for it was impossible to listen to such inconsistencies with patience, and have a regard for truth.—The prisoners denied the charge exhibited against them. The Court retired for about a quarter of an hour, and brought in a verdict of Guilty against John Smith, Henry Price, and John Wotton, who were remanded for sentence. George Barwick was found Not Guilty. Sydney Gazette, 1 May 1823. The following prisoners, who had been convicted during the session, were now brought up for sentence :- William Welsh, John Sullivan, Benjamin Cross, Thomas Belcher, Samuel Phipps, John Smith,Henry Price, Joseph Cotton, Edward M'Keigh, and Henry Clarke -DEATH Sydney Gazette, 8 May 1823.

341

Maureen Withey on 21st November 2025

Thomas Rider and John Smith. charged with having stolen a leather pocket-book, containing two bills of exchange, one for the payment  fifty pounds. and the other for twenty pounds fourteen shillings and sixpence, the property of Joseph  Long, of Yeadon.— To transported for life. Leeds Intelligencer, 17 March 1817

341

Maureen Withey on 21st November 2025

NSW Convict Index. John Smith, per Larkins, 1817, Ticket of Leave, No 33/665. District, Port Macquarie; Born, Nottingham; Trade, Labourer; Tried: Sydney C.C. (Colonial conviction)/ York.

341

Maureen Withey on 21st November 2025

Colonial Secretary Index. SMITH, John. Per "Larkins", 1817; tried at York 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 Commutation warrant (Reel 6069; 4/1817 p.15) 1823 May 27 Tried in Sydney. Sentence commuted to transportation (Reel 6070; 4/1265 p.10) 1823 Jun 3 Attested copy of respite extended to forwarded to the Provost Marshal (Reel 6010; 4/3508 p.440). Provost Marshal's reply, 4 Jun (Reel 6057; 4/1767 pp.117-117a) 1823 Jun 3 On lists of prisoners transported to Port Macquarie per "Sally" (Reel 6019; 4/3864 pp.52, 410-1)

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Maureen Withey on 13th November 2025

Hulk Record HO-9-7_5 page 2/42 Bellerophon Received fourteen prisoners from York, 6 April 1817. John Smith, age 17, Felony, Tried at York, 8 March 1817, Life, Disch’d 4 July 1817 Larkins. NSW.