THE KING AGAINST MARGARET ROACH &
CATHERINE CLARKSON
Constable Willborn's testimony
Henry Kitchen's teatimony
Constable Thorn's testimony
Thomas Posts Bail
Mary Roach's Defence
Verdict
Notes by Eunice
Cruickshank
:
10th April 1821 The Crime of
stealing a bundle of dirty linen from Henry Kitchen was committed
11th April 1821 The Crime was
reported by Kitchen & investigated by District Constable William
Thorn & James Willborn.
14th April 1821 The evidence
of Kitchen, Thorn & Willborn was heard in the Court of Criminal
Jurisdiction on. Margaret Roach & Catherine Clarkson were fully
committed for Stealing & receiving goods respectively.
9th August 1821 Sureties by
Thomas Clarkson & Thomas Sims that Catherine Clarkson will appear
in Court on
20th August 1821 Trial and
Verdict - Both guilty
Sentence - Both to be transported for 5 years to such place.
30th August 1821 Margaret
Roach's name was on a list of prisoners transported to Newcastle per
"Elizabeth Henrietta" (Reel 6008; 4/3504 p.285" (viewed by Patricia
Hansen)
1822 General Muster of NSW -
Catherine Clarkson was listed with her family in Sydney
28th June 1825 Margaret Roach
- Prisoner at Newcastle since 1821. Petition by her husband Edward
Roach for mitigation of sentence (Fiche 3251; 4/1875 pp. 191-191a
9th Aug 1825 - 12th June 1826 Catherine
was writing letters to W.C. Wentworth monies owed to her.
Archives Of NSW (now State Records) 22/05/1996
Reel No 1975 - pp797-807
p. 318
James Willborn
District Constable maketh oath and saith in Consequence of
information I received from the Prisoner's child, Margaret Roach, I
went in Company with her to Mr Clarkson's Hunter Street. I there saw
Mrs Clarkson and enquired for a bundle that had been left there by Mrs
Roach. She then flew in a great passion & denied having any things
- I then appealed to the little Girl and she said yes it was there - My
mother did leave it here - and Mrs Clarkson repeatedly said, you young
Hussy how can you say so. Mrs Clarkson was going upstairs - when
Clarkson himself came in and asked me what was the matter. I told him I
had come for a bundle that was left there by Mrs Roach with his wife -
and told him she denied it. He said to Mrs Clarkson, don't deny it for
it was left here - Mrs Clarkson then went upstairs. I followed her and
her Daughter took from under the Bed Clothes - the three pairs of
Trousers now produced - gave them to her Mother in my presence and she
immediately handed them to me and said here is the three pairs of
trousers and I have nothing more left. I took the trousers back to Mrs
Roach's house and gave them in charge to thorn who was there in
attendance.
James Willborn
Sworn before me
141h day of April 182 1
(signed) D. Wentworth JP
Margaret Roach Fully Committed for Stealing
Catherine Clarkson Fully Committed for Receiving Knowing them to be
Stolen
Reel No 1975 - pp 797 - 807 Archives Of NSW (now State Records)
22/05/1996 p315
(On
Spine of Book)
79
King on the Prosecution
Of
Kitchen
Against
Roach Lawyers
To be exhibited
Of Roach &
Thos Clarkson
(signed) John Wylde JA
7 August 1821
Deposition
Sworn 24th April 1821
Fully Committed
p. 317
before me D. Wentworth Esq,
Superintendent of Police & a Magistrate of the Territory of NEW
SOUTH WALES
Henry Kitchen
of Philip Street Sydney maketh oath and saith on Tuesday last the 10th April 1821
about noon - I packed up a parcel of foul linen and on the following
morn on desiring my Servant to take them to the washer woman I found
they had been stolen. The Parcel contained five frilled shirts - four
night shirts four pairs of stockings - four pairs of socks two table
cloths one pair of drawers & five pairs of trousers. From various
suspicious circumstances - I had reason to believe the Prisoner
Margaret Roach Freewoman had committed the Robbery - The three pairs of
Trousers, five socks & 3 stockings and also the pair of stockings
and shirts now produced are my property & part of that stolen as
aforesaid.
H. Kitchens
Sworn before me
14 day of April 1821
Witness/ D. Wentworth JP
p. 317.
William Thorn
District Constable maketh oath saith that on Wednesday last in
pursuance of a Search Warrant I went in Company with James Willborn a District Constable
to the house of the Prisoner Roach she was not at home and we then went
in search of her and met with her in Hunter Street and on searching her
person found in her apron the shirts & pairs of stockings now
produced - I went with her to her own house & then made a strict
search and her child said Mother, Mother - you know you left the things
at Clarkson's. J Willborn brought back the pairs of trousers now
produced - shortly after that Mrs Clarkson came to the house &
brought me the three stockings & five stockings now produced which
she said she had from the Prisoner Margaret Roach.
Wm Thorn
Sworn before me Same Day signed D. Wentworth JP
Archives Of NSW (now State Records) 22/05/1996 Reel No 1975 - pp 797 -
807
p. 315
797
Margaret Roach Fully Committed for a Robbery in the
House of Mr Kitchen in the Day Time.
Thos. Clarkson Fully Committed for receiving them
knowing the same to be stolen.
Witnesses:
Mr Kitchen
Jas. Willborn
Wm. Thomas
798
p. 316
TERRITORY OF NSW COUNTY OF CUMBERLAND
Thomas Clarkson of Hunter Street Sydney, Baker
and
Thomas Sims of King Street Sydney aforesaid Carpenter
Thomas Clarkson £40 -
Thomas Sims
£20 -
The above named Persons acknowledge themselves bound
to Our Sovereign Lord the King, his Heirs and Successors, in the penal
Sums expressed against each of their respective Names, conditional that
if Catherine Clarkson the wife of the said Thomas Clarkson do and shall
personally appear at the present Court of Criminal Jurisdiction holden
at Sydney on Friday for the Territory of New South Wales when called on
to answer and take her trial on a charge exhibited against her for
Felony and do not nor shall depart the Court without leave
Then this obligation to be Null and Void, otherwise
to remain in full Force and Virtue in Law
Taken and acknowledged by me this }
Thomas Clarkson
9 Day of August 1821
} Thomas Sims
John Wylde JA
Archives Of NSW (now State Records)
22/05/1996 Reel No 1975 - pp
797 - 807
Deposition
Sworn
24th April 1821
Fully Committed
(On spine of book)
The Case & Defence
Of
Margaret Roch (sic)
p. 320
To His Honor John Wylde Esquire and the Honorable Members of the Court
of Criminal Jurisdiction Established in this Colony:
Case
and Defence
Of
Margaret Roch
Prisoner stands charged with having left a bundle of
wearing apparel at
Mrs Clarkson's in pledge - that had been stolen from a Mr Kitchen, a
Resident of Sydney. That Prisoner utterly disavows having any knowledge
of such before stated bundle. Prisoner most humbly hopes, Your Honor
and the Honorable Members of the Court, will be humanely pleased to
take Her Truly distressed situation, into your most humane
Consideration.
That Prisoner humbly begs leave to state that she
has been a resident,
for Eight years and has never been before any Court during such time
for any Crimes or Misdemeanours, whatsoever. That she has suffered most
severely from shortness of food and Ill Health, during a Confinement of
Four Months not having any sustenance, whatever, but one lb of Bread
per Diom and water, and also from an afflicted mind, Having Three
Infant Children absolutely destitute of both food and wearing apparel,
Her Husband being a Cripple and has been so this Three Years and is now
supported by the Charitable society, at Sydney. That Prisoner has
during the three Years, Her Husband has been a cripple, she has
Conducted herself in an Honest and Industrious manner having supported
her small Family by Her own hard labour. Prisoner has worked for the
Reverend Mr Cowper, Major Antill & Mr Oxley, Surveyor General of
this Colony, none of which Gentlemen ever had the slightest charge
against Prisoner;
Prisoner has not the means to employ Council and has
not any person
whatever to look into Her affairs. She is therefore most humbly
Emboldened to hope your Honor and Honorable Members of the Court will
be humbly pleased to have the Testimony of Mrs Clarkson or such Witness
she might produce before the Court and strictly Examine as I trust you
are well aware that persons of property in this Colony can bring
forward Evidences that ought to be viewed with a very Jealous Eye -
Prisoner being deeply impressed with the Just and
merciful proceedings
and Decisions of this most Honorable Court, throws herself upon You
Honor and the Honorable Members for Mercy.
Margaret Roch
Archives of NSW (now State Records) 22/05/1996
Reel No 1975 - pp 797 -
807
(On spine of book)
79
The King
Against
Mary Roach &
Cath Clarkson
Information
Witnesses
Henry Kitchen
James Willborn
Wm. Thorn
201h August 1821
Prisoners both tried
Verdict - Both guilty
Sentence - Both Transported
For 5 Years to such place
J. Wylde JA
p. 323
NEW SOUTH WALES }
To wit
} Be it Remembered That John
Wylde Esquire the Judge Advocate of our Sovereign Lord the King for the
Territory of New South Wales and its Dependencies who for our said Lord
the King Exhibits the Charge in this behalf comes into the Court of
Criminal Jurisdiction convened at Sydney in the said Territory by
Precept issued under the Hand and seal of His Excellency Governor
Macquarie - dated the 31st Day of March in the year of our Lord One
thousand eight hundred and twenty one and having power to enquire of
and to hear and determine and punish all Treasons Murder Felonies
Trespasses and other Crimes whatsoever committed within the said
Territory or its Dependencies and for our said Lord the King charges
and gives the said Court to be informed That Margaret Roach late of
Sydney in the Territory of New South Wales Singlewoman on the Tenth day
of April in the Year of our Lord One Thousand eight hundred and twenty
one with force and arms at Sydney aforesaid in the Territory aforesaid
Nine shirts of the value of twenty shillings, four pairs of stockings
of the value of five shillings, four pairs of socks of the value of two
shillings, Two Table Cloths of the value of Five shillings, one pair of
Drawers of the value of One shilling and five pairs of Trousers of the
value of Ten Shillings of the Goods and Chattels of Henry Kitchen then
(p.324) and there being found then and there feloniously did steal take
and carry away against the peace of our said Lord the King his Crown
and Dignity AND the said Judge Advocate further gives the said Court to
be informed That Catherine Clarkson late of Sydney aforesaid the wife
of Thomas Clarkson afterwards to wit and the said Tenth day of April in
the year aforesaid with force and arms at Sydney aforesaid in the
territory aforesaid three pairs of Trousers, five socks, five
stockings, one shirt being part and parcel of the said Goods and
Chattels so as aforesaid feloniously stolen taken and carried away
feloniously did receive and have she the said Catherine Clarkson then
and there well knowing the said last mentioned Goods and Chattels to
have been feloniously stolen taken and carried away against the form of
the statute in that case made and provided and against the peace of our
said Lord the King his Crown and Dignity
Page last updated - 24 July
2006