Clarkson Vs Stubbs
Ref: BENCH OF MAGISTRATES - SYDNEY DISTRICT - 1788 - 1820 (CARD FILE)
STUBBS - THOMAS & ESTHER - TRIED 6th FEB, 1813
SZ 773
COD 234 - REEL 658
PROSECUTED BY THOMAS CLARKSON & CATHERINE CLARKSON
THOMAS & ESTHER STUBBS charged with violently assaulting Thomas
Clarkson and Catherine Clarkson, his wife - on Sunday the 31st day of
January last
CATHERINE CLARKSON - sworn, says: I live in Hunter Street - Stubbs
& his wife live near me. On Sunday last, I went into my own garden
at the back of my house with my little boy: he asked me to get him a
quince which I did - This was between five and six o'clock in the
afternoon - Stubbs came to the paling and asked me what I was doing of.
Was that the kind of way I was robbing my neighbours. If that was the
way he would soon settle me: He brought a pick axe and a spade and
while I was reaching to get a quince he struck me with a spade under my
arm: Esther Stubbs came out immediately and said, "Wring the stick out
of the whore's hand". - While Stubbs was doing that she struck me. They
got me down but not quite to the ground. My little girl who was bye
(sic) ran for her father and, and he came down. Esther Stubbs was
asking her husband to come away. Stubbs said, No, he would settle me
first. When Esther Stubbs saw Clarkson coming she took hold of her
husband's shirt to get him away and tore it. The shirt gave way and she
fell backwards into the ditch_ I did not strike Stubbs. Stubbs got the
pick axe to strike my husband; a man of the name of Teff got the pick
axe from him and then Stubbs struck my husband with his fist and Stubbs
returned the blow. I returned to my house. I was very bad for two or
three days after from the Blows I received.
THOMAS CLARKSON - sworn, says: On Sunday evening last, about six
o'clock, my wife went down into the garden with one of the little
children. After they had been there about three minutes, my little
daughter came running up to me and said I must come down to my mother
or Stubbs would murder her. I went down with Mark Jones my servant. I
said, "Stubbs what is the reason of all this - that you are abusing my
wife in this way - if the quinces are yours you shall have them - go
about your business." Stubbs got the pick axe up in a position to
strike and said you damned scoundrel, if you come near me I will split
your skull open. I went towards him but Mark Jones got between us. His
wife then laid hold of him and wanted to get him away. She made a false
step and tumbled into the gutter & Stubbs fell also. He got up and
came towards me with the pick axe & would certainly have made away
with me but a man of the name of Teff came up & got behind him and
snatched it out of his hand. Directly after, his wife flung a stone at
me, which hit me on the left ear. After that I struck Stubbs.
MARK JONES - was called and examined and supported the evidence of
Clarkson; except that he deposed to Stubbs the husband having flung the
stone.
EDWARD HARRINGON / commonly called Teff / sworn and examined, said that
he snatched the pick out of Stubbs' hand - who was flourishing it
about; but that he did not think Stubbs meant to strike Clarkson.
Stubbs got the pick at Witnesses' house to take up the trees.
The defendant Stubbs denied the Assault and says the Quince trees from
which Mrs Clarkson was taking the fruit were his Quince trees.
The defendants called two Witnesses, namely Elizabeth McAllister and
Elizabeth Starkie, who being sworn and examined contradicted the
testimony of the prosecutor and his wife.
The court, on consideration, adjudge that Thomas Stubbs shall stand
committed until he enter into a recognizance to keep the peace towards
Thomas Clarkson and his wife for the space of Six Months himself in the
sum of £20 - and two sureties in the sum of £10 - each.
(Signed) Ellis Bent - Judge Advocate
Alexr. Riley JP
D' Wentworth
S. Lord JP
Recorded at the State Record Office (formally
Archives of NSW) 23 10- 96 by Patricia Hansen
Page last updated - 23 Jul 2006