John Timbury

342

Maureen Withey on 27th May 2021

TUESDAY, MAY 6. (BEFORE THE CHIEF JUSTICE.) William Lloyd, Patrick Goodman, and John Tunbury, were indicted for a burglary in the dwelling-house of William Neale, and stealing thereout a sack, and two bushels of corn, the property of Dr. Ross, at South Creek, on the 23d of March last. William Neale examined—I am servant to Dr. Ross; between two and three o'clock in the morning of the 23d of March last, I was in bed, in a log hut, which was used as a store and barn, with the doors and windows secured, when the sheet of bark which secured the window of the room in which I slept, was removed, and the prisoner Tunbury entered, and unbolted the door of the hut; Goodman then came and stood in the door-way ; and when I jumped out of bed and asked who was there, he replied if I stirred he would blow my brains out ; there was a fire in the hut, and light enough to distinguish the features of the prisoner. I saw but two of them at that time ; I immediately shouted for two men, who slept in an adjoining hut to come to my assistance, and the prisoners then betook themselves to flight, carrying with them a bag containing some corn, the property of my master, Dr. Ross ; when the other two men, hearing the alarm, came to my assistance, I left the hut in charge of one of them, and with the other, pursued the prisoners for a considerable distance, and did not return until near day, when I found the prisoner Lloyd, whom I had not seen before, in custody of the man whom I had left in charge of the hut. Michael Whelan.—I am a government servant to Dr. Ross, at Windsor; on the morning of the 20th of March, I was roused by Neale shouting for assistance, but on arriving at the hut where he slept, I found the robber, whom he stated had been there, had made their escape ; I was left in charge of the hut whilst Neale and another man pursued them ; whilst they were away, I saw the prisoner, Lloyd, approaching the hut, and concealing myself, I observed him come cautiously forward, and look in at the window as if to ascertain whether there was any person inside; I rushed out and seized him, taxing him at the same time with having been one of the robbers who had been there before, when he admitted that he was. Richard Hill.— I am an overseer to the Rev. Mr. Marsden, at Windsor; the farm on which I am stationed adjoins that of Dr. Ross; about the 25th of March last, I saw the prisoners, Timbury and Goodman, on the farm; Timbury asked me for a drink of water ; I suspected they were bushrangers, and told them so, when they admitted they were runaways from an iron-gang ; I persuaded them it would be better for them to give themselves up, to which they consented, and I took them to Windsor gaol. The CHIEF JUSTICE summed up the evidence, telling the Jury that the charge of burglary could not be sustained in the present case. The witness, Neale, was a mere servant of Dr. Ross, sleeping in a place described as a barn, for safety. If the place, stated to have been broken, could be considered a dwelling-house it was the dwelling-house of Dr. Ross; but His Honor did not think that it is such a place as could be at all considered as a dwelling-house, particularly under the new Act. If the Jury, therefore, believed the testimony adduced, and no reason appeared to question it, they would find the prisoners guilty of the larceny stated in the information, and acquit them of the burglary. The Jury found the prisoners Guilty of stealing the articles stated in the information. The prisoner, Lloyd, pleaded guilty in this case, but denied that the other prisoners were at all engaged in the transaction. The Chief Justice, however, directed that a plea of not guilty should be taken for all the prisoners. William Lloyd, Patrick Goodman, and John Timbury, who were indicted for a burglary in the dwelling-house of William Neale, and found guilty of larceny, were next placed at the bar. The prisoner Lloyd, who pleaded guilty to the information, at the same time stating that the other prisoners had no hand in the robbery, on being asked what he had to offer why judgment should not be passed on him, again admitted his own guilt, but denied that the other prisoners participated in the transaction in any way. The Chief Justice, after some observations, in the course of which he stated that the finding of the Jury was conclusive against all the prisoners, sentenced them, severally, to be transported for 7 years. Sydney Gazette, 9 May 1828. -------------------------------------------------- John was sent to Moreton Bay penal settlement.

342

Maureen Withey on 26th December 2019

SOMERSET ASSIZES Terminated on Saturday: the following are the sentences the prisoners: Death recorded. ...John Timbury, for breaking into the house of Mr. Goodchild, at Bathford, and stealing silver spoons,&c. ... Bath Chronicle, 18 Aug 1825