Robert Winter

Level 72

Robin Sharkey on 5th September 2021

Robert Winter was transported for Life to NSW on convict ship "Fortune" after being found guilty and originally sentenced to death at the Yorkshire Assizes commencing on 7 March 1812, for stealing money. Leeds Mercury, Saturday 29 February 1812: “Lent Assizes, Saturday March 7th “Calendar of the prisoners in York Castle. The Hon. Barron Thompson, and the Hon. Sir Simon LeBlanc, judges of Assize: “Robert Winter, a marine soldier, charged with having stolen money and various articles of wearing apparel etc of the value of 16 pounds from John Walker of Beverley, hostler." Beverley is a market town on the eastern side of Yorkshire. Stamford Mercury Friday 27 March 1812, p 3. “Yorkshire Lent assizes. On Tuesday the judge, Sir Simon le Blanc, passed sentence on the following guilty prisoners: “George Stones, John Williamson, John Armstrong, and James Leach, for horse-stealing. Thomas Simpson and George Simpson, for sheep-stealing. Wm Chester for attempting to murder George Oliver and his wife, And Robert Winter for stealing money. DEATH. “Before Sir Simon le Blanc left York, he was pleased to reprieve all the above prisoners, except William Chester, who is left for execution.” All the above reprieved prisoners were transported for life, sailing on ‘Fortune” to NSW, departing England in February 1813 and arriving in June 1813. __________________________ From the ship's indent Robert Winter was 23 years old, born at York,5ft 6in tall, with brown hair, hazel eyes and fair complexion. On arrival he was assigned to Nicholas Bayley, and in 1814 (Census) was mustered at Parramatta. He was still servant to Bayley when he wrote a petition in 1819 seeking mitigation of his sentence. He received a ticket of leave, and by 1820 started working a small landholding at Windsor (September 1822 general census.) With his Ticket of leave, and working a patch of land, he applied for convict help and was assigned a convict woman named Mary Herd, newly arrived in August 1820 on the ship "Morley". She had been sentenced at the Old Bailey to 14 years transportation for possessing forged bank notes (together with a large number of other people who were in a gang together). See Mary "HEARD" details on ship "Morley". https://convictrecords.com.au/convicts/heard/mary/80093 In 1821 Robert Winter had married his convict servant Mary Herd. [NSWBDM "Winters" and "Herd" Ref: 817/1821 V18212817 3B]. He had kept his nose clean since his 1813 arrival and was doing honest farm work, when he and Mary made a serious misstep. In the 1825 muster the landholding where they resided was recorded as being at "Evan". This area is near the Nepean river, near Penrith. _________________________ BURGLARY and IMPRISONMENT The Sydney Gazette, Sat 18 November 1826, p3. "THURSDAY, 16th Nov. -Robert Winter, and John Handcock, were indicted as principals, for a burglary in the house of Mr. Samuel Terry, at Mount Pleasant, in the district of Evan, and stealing therefrom a quantity of wheat, in bags, on the 1st of August last. Mary Winter was also indicted as accessary before, and John Little as accessary after, the fact, to the commission of the above burglary and robbery. Verdict. Winter GUILTY, Remanded. Hancock and Little NOT GUILTY Mary Winter DISCHARGED from the dock for want of evidence. On Saturday 18 November Robert Winter was brought back to court for sentencing and received Sentence of "death recorded". This means that although he was given the death sentence it was not to be carried out, effectively becoming a life prisoner again. He was sent to Moreton Bay Penal settlement. Winter's plot was near the Nepean river. "Mt Pleasant" was a successful farm owned by wealthy emancipist Samuel Terry (who didn't live there, but was in Pitt St in Sydney), on the Nepean River ner present day Cranebrook. The John Hancock who was involved in the burglary and theft had arrived with a 7 year sentence on the "Earl St Vincent" in 1820, and in 1826 was about 25 years old. In 1825 he was assigned to a man named Waterman, residing at Evan. Being in the same district was the link between Winter and Hancock. In the 1828 Census, Robert Winter was still at Moreton Bay. By the 1837 Muster he was living at Maitland, assigned to Henry Rae. In 1839 he got Ticket of Leave, number 39/1467. In 1844 he was finally recommended for a Conditional Pardon, by both William Rae and John Lee _____________________ When Robert Winter was sent to Moreton Bay, Mary Winter seems to have taken up with John Tennant for a time, who was bushranging in the area around Canberra (see Sydney Monitor, 15 October 1827, p.8)