Thomas Wardle

Level 346

Maureen Withey on 3rd May 2023

Colonial Secretary Index. WARDLE, Thomas. Per "Isabella", 1818 1818 Sep 22 On list of convicts disembarked from the "Glory" and "Isabella" and forwarded to Parramatta for distribution; listed as Wardell (Reel 6006; 4/3499 p.57) 1823 Feb Servant of Samuel Hains of Prospect for four years. Petition for mitigation of sentence (Fiche 3236; 4/1870 pp.90-90b) 1823 Aug 4,6 Re permission to marry Sarah Irvin at Parramatta (Reel 6011; 4/3509 p.16) 1825 May 30 To be transported for seven years. On return of prisoners tried before the Supreme Court of New South Wales; listed as Wardell (Fiche 3298; X727 p.9) 1825 Jun 4,25 Convicted of stealing sheep; to be transported to Port Macquarie for seven years. On returns of prisoners tried and sentenced by the Supreme Court; listed as Wardell (Fiche 3298; X730 pp.7, 9) 1825 Jun 23, Jul 18,23 In Sydney Gaol pending transportation to Port Macquarie. Application to be allowed to take his wife Sarah to Port Macquarie (Reel 6069; 4/1817 p.90); referred to William Lawson (Reel 6015; 4/3515 p.50); Lawson's reply (Reel 6062; 4/1783 p.16) 1825 Jul 13 On list of convicts transported to Port Macquarie per "Elizabeth Henrietta" (Reel 6019; 4/3864 pp.522-3) 1825 Jul 13 Petition of his wife Sarah to be allowed to join him at Port Macquarie (Reel 6069; 4/1817 p.90b). Reply, 8 Aug (Reel 6015; 4/3515 p.115) ------------------------------------------------------------------- Supreme Court. Wednesday, May 25th, 1825. Thomas Wardell, and John McKenna, were indicted for stealing two sheep, the property of John Wyatt, on the 11th of April. John Wyatt, lives on the Richmond road, near Prospect; lost two sheep early in the month of April; the place where they had been was broken open in the night, and the sheep taken away; gave information to a constable, who brought two natives with him, and tracked the sheep to a hut about a mile off; prisoners were eating sheep's fry;—found seven legs, two tongues, two livers, and three kidneys in the hut;—the prisoners said they bought the meat at Parramatta. Cross-examined by Mr. Rowe.—They were yeaned in June or July last;—they were not a year old. John Reilly is a constable; procured three natives, who are expert at tracking, and brought them to the place from whence the sheep had been taken; they conducted witness to the hut, where the prisoners were found; they distinctly pointed out the tracks as they went along; and shewed places where the grass was flattened from the sheep lying on it, while the prisoners were supposed to have rested; the track was not direct to the hut, it turned off in various places; sometimes the natives would lose the track, then discover it again, and point it out to witness; the prisoners would give no satisfactory account of how they came by the meat; it appeared to have been killed about five or six hours; in searching the hut they found a jacket, with an appearance of wool on the shoulders, which Wardle owned to be his. Mr Rowe, on the part of the prisoners, took an objection to the indictment, not being laid, "contrary to the form of the statute ;" and also, that it charged the prisoners with stealing two sheep, when they were proved not to have been a year old, consequently did not come under the denomination of sheep, which are in the act specifically distinguished from lambs. His Honor the CHIEF JUSTICE, stated, that this was not an indictment under the statute ; but merely charged the prisoners with a simple Grand Larceny.—An objection had been urged, that the information set forth two sheep, when in fact they were lambs. If the Jury should think, that in common parlance, sheep did not mean lambs, and that the prisoners were guilty, they would find a verdict specially on it, leaving the point, saved by the prisoner's Counsel, for after discussion. The Jury returned a verdict—Guilty of stealing two young sheep, under a year old.—Remanded. Sydney Gazette, 2 Jun 1825.