Charles Wood

343

Maureen Withey on 10th February 2023

Tasmanian Records. Convict Conduct Record, https://stors.tas.gov.au/CON31-1-45$init=CON31-1-45P95 No 283, Charles Wood. Per Medway, Tried Warwick 29 July 1820, Life. See record for details. In margin, Q. Sessions, 26 Aug 1839, not sentenced. -------------------------------------------------- Reports of the case in the Quarter Sessions , Aug 1839. Quarter Session, Saturday August 24. Jessie Mitchell was again placed at the bar, in company with Charles Wood and Elizabeth Wood, who stood charged with having feloniously received the articles stolen by Jessie Mitchell, from her master, Mr. Mann. Mr. Rowlands defended the man Wood and his wife. It appeared that Mr. Mann having missed a quantity of china, obtained a search warrant for Wood's house, where the articles in question, all identified by Mr. Mann, were found. Wood was an overseer at the new Custom-house, and when apprehended, declared he knew nothing of the matter. His wife said that she bought the goods of Jessie Mitchell who represented herself as a married woman, driven by distress to part with the articles. There was no direct evidence to prove that Wood himself had any guilty knowledge in the matter, and the Chairman was of opinion that he was entitled to an acquittal. The Jury, however, thought otherwise, and after a short deliberation, returned a verdict of guilty against both prisoners, the Foreman declaring that the Jury considered it impossible for Wood not have known of the transaction. The prisoner Mitchell being removed from the bar, the others were again indicted for feloniously receiving 12 yards of flannel, value 20s.,the property of Mr. Wait, the shopkeeper, in Elizabeth street, well knowing the same to have been stolen by some person or persons to the Court unknown. The evidence in this case was rather singular. The flannel was found in the box at Wood's house, when Mr. Mann's property was discovered. Mr. Wait deposed to having missed the flannel from his shop about the time, and that he had never sold it. On his cross-examination, however, it turned out that at that time he had an assistant (John Wilson) who was in the habit of serving in the shop, and Mr Wait could not positively swear that he (Wilson) had not sold the flannel. The evidence of the constable went to state that the woman Wood, when apprehended, stated she had bought it at Watchorn's; while, in her statement at the Police-office, she said she purchased it from a hawker, at her own house. Mr. Rowlands, for the prisoners, objected to the case going to the Jury, as there was no evidence whatever that the flannel had been stolen at all, and contended that to convict the prisoners of receiving stolen property, it was first necessary to prove the theft by some one, although it was not essential that the accused thief should be identified. The public prosecutor replied, that there was presumptive proof of the stealing, although he admitted the case was much weakened by the absence of John Wilson, for whom every search had been made in vain. If the flannel had been sold by Wilson, and the proceeds not accounted for to Mr. Waitf, it was clear there was a stealing. The Chairman did not think that it would apply the present case, because the prisoners, if they bought it of Wilson, in Mr. Wait's shop, might have done so honestly; and further, that if Wilson did sell, and not account for the proceeds, that would not have been stealing the flannel, but embezzling the money. After a great deal of argument, the Bench decided upon sending the case, as it stood, to the Jury, who found— Charles Wood—Not Guilty. Elizabeth Wood—Guilty. The Court was then adjourned till tomorrow, at 10 o'clock, for the purpose of enabling the Bench to consider the sentence. Hobart Town Advertiser, 30 Aug 1839. Quarter Sessions, Saturday 7 September. Jessie Mitchell, who pleaded guilty to robbing her master, Mr. Mann, and Charles and Elizabeth Wood, convicted of receiving the property so stolen, were placed at the Bar. His Honor. - Charles Wood, you have been convicted of larceny, as a receiver of stolen goods. I had an opinion upon the case at the time of trial, and I still retain that opinion up to this moment, that in Law there is not sufficient evidence for judgment to pass against you, and that is also the opinion of the gentlemen who sat with me; I shall therefore recommend you for a pardon. Jessie Mitchell, you have been convicted, upon your own confession, of stealing the property of your master, and there is no the shadow of a doubt as to your guilt. And you, Elizabeth Wood, have been convicted of receiving the property, knowing it to have been stolen. Upon the trial, it was gathered from the evidence that you, Jessie Mitchell, are already under a sentence of seven years transportation, and the effect of the sentence we shall pass upon you will extend that sentence three years, and be the means of keeping you, for some time, out of harm's way. The sentence of the Court is, that you be transported for seven years. You, Elizabeth Wood, as the receiver, are, by .Law, liable to be transported for 14 years ; but, with the hope that you will amend your character, the sentence of the Court is, that you be transported for seven years. Colonial Times, 10 Sep 1839.

221

D Wong on 17th January 2017

Charles Wood was 24 years old on arrival, he was born in Birmingham. (Also found dates of birth of 1792 and 1800). Charles was 5'3" tall, light brown hair, hazel eyes, mole under left ear. 1830-33 Musters: TOL 30/8/1834: CP 28/2/1842: Free Pardon. Charles and Elizabeth had 7 children - (Elizabeth arrived per 'Mary 1823'). Elizabeth died 17/3/1840 at Hobart. 1845: Charles Wood is listed as having died - the only listing on Linctas - has a Charles Wood who died aged 30, too young to be this man, so have not confirmed death date.

7

Denyse Delfs on 17th January 2017

Married convict Elizabeth Green 12 July 1824 Launceston