John Turnwell

338

Penny-Lyn Beale on 23rd August 2021

Sydney, Australia, Anglican Parish Registers, St John's Parramatta. Year 1826 No; 64 Name; John Turnwell Abode; Parramatta When Buried; 1826, 24 Sept Age; 38 years Ships Name; Fame Quality or profession; Convict By whom the Ceremony was performed; Samuel Marsden

221

D Wong on 24th May 2017

Old Bailey:--This seems to be a previous offence: Old Bailey Proceedings supplementary material, William Bennett, John Turnwell, 15th February 1815. Verdict: Not Guilty The Opinion of the Judges on the Case of William Bennett and John Turnwell, was delivered by Mr. Justice Heath, as follows: You have been convicted of breaking and entering the dwelling-house of Alexander Frampton, at the 18th of November with intent the goods and challes in the said dwelling house there being feloniously and burglariously to steal. The opinion of the judges is, that this gate was no part of the dwelling house; the learned Recorder who tried this case, reserved the judgment to the opinion of the judges, the judges have considered this in to much at the gate that was broken and as not within the cartilage of the dwelling house, they are of opinion that you are not guilty of the burglary. To be discharged. Then charged in December as John Turnell: JOHN TURNELL, Theft > burglary, 6th December 1815. Offence: Theft > burglary Verdict: Guilty Punishment: Death JOHN TURNELL was indicted for burglarily breaking and entering the dwelling house of Samuel Olive , and William Hibber, with intent to steal, and burglariously stealing therein, four pieces of bombasin, value 24l. one hundred and thirty six yards of printed cotton, value 7l. and seventy five yards of Irish linen, their property. SAMUEL HIBBER. I am in partnership with Samuel Oliver, we are auctioneers . In the beginning of this month, we had a stock of drapery goods to dispose of which were placed at No. 129, Wood street. We put John Draper there, as our servant, to take care of them, and to sleep in the house; we had catalogued goods for sale, which took place yesterday. JAMES BROOKS. I am an auctioneer's porter. I ticked all the articles off for sale, with the catalogue and found they were on the premises. The articles mentioned in the indictment were among them. I had left the things safe at about half past four, in the afternoon. JOHN DRAPER. I was in the employ of Messrs. Oliver and Hibber, I was sent by them to sleep in the house where the goods were, at No.129, Wood street on the 2nd of December. I used to go to the house about every hour. I went at about five o' clock on the evening of the 2nd of December, and found the locks fast, and all was quite secure. I went at about a quarter past six the same evening, and found the padlocks and binges wrenched off the door, and the door shut quite close to. I opened the door gently and heard somebody on the premises, I immedaitely pulled it to, and held it quite close. As soon as I had done that, some person who was inside tried to pull the door open. I put my feet against the door post and held the hasp tight, and called for assistance; all this time the person inside was pulling the door trying to get out. That pulling tore the skin off my hand, and hurt me a good deal. As soon as assistance came which was Mr. Weller, and the person inside finding he could not get out, he bolted the doors, as we should not get in. As soon as we found the door was bolted, I asked some one to go to the next door for not to let them go to the top of their house, and I requested somebody else to get an iron crow, to break open the door; I requested all this so loud, that the person inside might hear it. In about three minutes, the person inside unbolted the door, and endeavoured to come out, when Mr. Weller seized him by the collar, and I likewise by the jacket. We forced him back into the warehouse, and there were lights brought immediately; it was the prisoner. We then found the articles named in the indictment, missing, and there were three pieces of bombasin lying on the floor; I had seen them myself on a temporary shelf which was made shortly before. It was quite dark when I went to the house at five o'clock, and saw it safe, and this was at six; I afterwards examined the door, to see whether it had been forced or not, and there were the marks of a chissel, or small iron crow. The hasps were on the door, and the staples were found out, and the locks were forced off, at the side of the door, and gone. I had seen an hackney coach as I came down the street at a quarter past six, a little way from the premises; I did not see it driven away, but it was gone as soon as I came out for the purpose of informing my employers. EDWARD WELLER . I am a publican. I happened to be going by at about a quarter past six, on the2nd of this month, and as I was coming up the street, I heard a cry of theives. I jumped out of my cart, and went to give as much assistance as was in my power. I have heard the account given by the last witness, and it is true. The prisoner was taken to Giltspur street compter. FRANCIS STURGESS . I live at No. 3, Wood street, precisely opposite to this house which was broken open. In the evening that this happened, I saw a hackney coach at that door. At about six o'clock I had occation to go into the Cross Keys yard, and on my return, I saw the coach door open, and the coachman giving something white, to what I conceived to be a female inside the coach, but that I am not certain. I went in doors, and took no more notice afterwards, until about a quarter after five, when I heard a cry of thieves! I went over and found the young man and Mr. Weller holding the door. They requested me to get a light, which I immediately did, but in crossing the road, A biew out; in the mean time somebody brought one from the Cross Keys booking office. When I came out, hearing a cry of thieves, the coach was at the door, but when I came out of the house after assisting in searching it from top to bottom, the coach was gone. CHARLES MATTHEWS. I examined the hasps of this door; there were marks upon the door post, as if an iron crow had been used to wrench the door open, and the hasps appear marked also in three places. WILLIAM HIBBER. The value of one piece which was gone, and the three pieces of bombasin which were on the floor, was twenty four pounds, and the value of the linen missing, was seven pounds, and that of the cotton siz. Prisoner's Defence. I had been out of work a long time, and carried a parcel from Wardour street to St. Mary Axe; and seeing this place open in Wood street, I went in, thinking I could get a job, but finding nobody there I was coming out again, and I found the door fastened. GUILTY DEATH, aged 30. Colonial Secretary Papers: TURNWELL, John. Per "Fame", 1817 1825: Recommended to receive a conditional pardon; approved by Governor Brisbane (Fiche 3292; 4/6974.1 p.68) 1825 Nov: To be granted a conditional pardon (Fiche 3292; 4/6974.1 pp.47, 75) 1825 Nov 23: Re transmission of his conditional pardon to the Governor for approval (Reel 6016; 4/3516 pp.32-3) 23/11/1825: CP 24/9/1826: John Turnwell of Parramatta, died aged 38, and was buried at St. John's church cemetery.