James Wilcox

Level 116

Tony Beale on 23rd June 2021

New South Wales, Australia, Colonial Secretary's Papers, 1788-1856 Special Bundles, 1794-1825 17/11/1825 Guilty of Highway robbery sentenced to death along with John Flinn 19/11/1825 death sentence commuted to life on Norfolk Island The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) Mon 21 Nov 1825 Page 3 Supreme Criminal Court. Thursday, November 17. James Wilcox and John Flinn, were indicted for a robbery in the house of Edward Reilley, since deceased, and stealing there from a musket, on the 28th day of February last. Wilcox - Guilty. Flinn - Not Guilty. The same prisoners were again indicted for a robbery in the house of Charles Hook, Esq. at Denbigh, in the district of Cooke, and putting him in bodily fear, on the 20th day of June last. John Sullivan deposed, that he is overseer to Mr. Hook, and resides on the farm about a quarter of a mile from the dwelling-house, remembers the day of the robbery; it took place about 10 o'clock in the forenoon. Mr. Hook sent a man to witness, to say that there were robbers in the house, but by the time witness arrived there, they had gone away; does not know any of the circumstances, only from what Mr. Hook had told him. Patrick Cunningham deposed, that he is stock keeper to Mr. Hook; that on the morning of the 20th of June, he was going up to his master's house, and heard Mr. Hook call to him from the window, saying that there were robbers within; witness went into the hall, and saw a man with his face blacked, who made a blow at him with a waddie, and afterwards pulled forth a pistol, saying to witness, if he came any farther he would blow his brains out. Mr. and Mrs. Hook were locked up in the parlour. Witness went to alarm the overseer and others, but on his return the robbers had gone away. Mr. Hook said they had taken his watch, a pair of pistols, and a quantity of wearing apparel. Witness cannot say that the prisoners were the robbers. Anne Jenkins, a servant to Mr. Hook, deposed, that on the morning of the 20th of June, she was at work in a parlour adjoining her master's breakfast room; that she heard a noise in the hall, and on opening the parlour door to see who were without, a man with his face blacked, and a waddie in his hand, pushed her back into the room and locked the door, after which she heard a voice outside say, "all's right now". Is positive that neither of the prisoners is the man who had his face blackened, nor don't know what property was taken from the house, only as she heard from her master and mistress. Mark Fletcher deposed, that he assisted in apprehending the prisoners; that he took from the person of Wilcox a four-barrelled pistol. Wilcox confessed that the pistol, together with the fellow to it, were taken at Mr. Hook's robbery, and that the other had been sold for 11 dollars in Sydney. The pistol was delivered up to Mr. Throsby, the Magistrate. By the Court. - Wilcox said that there were five men concerned in the robbery besides himself; never heard him say that the prisoner Flinn was one of them. John Sullivan re-examined, and identified the pistol as one of a pair belonging to Mr Hook; is positive it belongs to Mr. Hook, as witness, from the habit of riding out with his master, always had one with him. The prisoner Flinn denied the charge. Wilcox put in a written defence, praying the Court to take his case into consideration, from his inability to employ Counsel, and stating that he knew nothing whatever of the robbery, and had found the pistol in the hollow of an old tree. His Honour summed up, and observed that no evidence whatever appeared against the prisoner Flinn, except his being found in company with Wilcox. The Jury found Wilcox, Guilty; Flinn, Not Guilty. The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) Mon 28 Nov 1825 Page 2 Supreme Criminal Court. James Wilcox for a robbery in a dwelling house—Death. John Flinn for a highway robbery—Death. New South Wales, Australia, Convict Death Register, 1826-1879 James Wilcox Grenada(2) age 25 1/1/1832 Norfolk Island