F, #5815, b. 9 August 1795
|Father||William Adams1 d. Feb 1798|
|Mother||Mary Moreton1 b. 11 Dec 1756, d. Nov 1834|
|Relationship||4th great-grandmother of Keith Graham Bassett|
|Last Edited||11 Oct 2016|
|Birth*||9 August 1795||Sydney, NSW, Australia1|
|Baptism||4 October 1795||St Phillips, Sydney, NSW, Australia;|
Elizabeth Adams, daughter of Willm & Mary Adams, born August 9th 17951
|Married Name||19 July 1813||Stafford2|
|Marriage*||19 July 1813||St Philips, Sydney, NSW, Australia;|
Francis Stafford, Carpenter, a Widower and
Elizabeth Adams, a Spinster, both of this place
were married in this Church by Banns this Nineteenth day of July in the year One Thousand Eight Hundred & thirteen
By me William Cowper
This marriage was Solemnized between us
In the Presence of
Ann Byrne her mark;Groom=Francis Stafford2
|Birth of Daughter||1815||Sydney, NSW, Australia;Principal=Elizabeth Stafford3|
|Census 1825*||1825||Wilberforce, NSW, Australia;|
Elizabeth Stafford,, born colony,,,, lives with Michl Poor Wilberforce4
|News-Arct*||6 January 1827||"The Monitor", Sydney, NSW, Australia;|
THE Public are particularly cautioned against harbouring my Wife, Elizabeth Stafford, and my Daughter, Elizabeth Stafford; particularly to Michael Power, of Wilberforce, as he has been in the habit of doing so, notwithstanding my repeated Caution to that effect; as I positively will prosecute any Person so doing after this Public Notice. Given under my hand, this 2nd day of January, 1827.
FRANCIS STAFFORD.;Principal=Francis Stafford5
|Census 1828*||1828||Wilberforce, NSW, Australia;|
Michael Poor, 40, Free by servitude, Catholic, "Providence", 1811,, Landholder
Elizabeth Poor, 33, Born colony, Catholic
Elizabeth Poor, 13, Born Colony, Catholic
Francis Lord, 22, Free by servitude, Protestant, "Earl St Vincent", 1820, Labourer
Michael Green, 25, Government Servant, Protestant, "Countess of Harcourt", 1824, Labourer
William Hutsel, 32, Free by servitude, Catholic, "Shipley", 1818, Labourer
Michael Poor, 37, Government servant, Catholic, "Earl St Vincent", 1818, Labourer;Head=Michael Power6
|News-Arct*||7 April 1829||"The Sydney Gazette and New South Wales Advertiser", NSW, Australia;|
Supreme Criminal Court.
SATURDAY, APRIL 4th.
Robert Taylor was placed at the bar, and indicted for a rape on the person of Elizabeth Power, wife of William Power, at Patrick's Plains, on the 27th of January last. Not Guilty.
Mr. KERR conducted the prosecution.
Mr. KEITH appeared for the prisoner.7
|News-Arct*||9 March 1833||"The Sydney Gazette and New South Wales Advertiser", NSW, Australia;|
I HEREBY caution the Public against giving credit to my Wife, ELIZABETH POWER, as I will not be responsible for any debts she may contract.
Wilberforce, 4th March, 1833.;Principal=Michael Power8
|News-Arct||24 February 1838||"The Sydney Gazette", Sydney, NSW, Australia;|
Supreme Criminal Court
WEDNESDAY, FEBRUARY 21.
(Before the Chief Justice and a Military Jury).
Benjamin Hodghen late of Windsor, Chief Constable, and his daughter Ann Paton, late of the same place, widow, were indicted for a misdemeanor.
The information set forth that the defendants, being evil-disposed persons, and wilfully and wickedly contriving to injure oneMichael Power, did at Windsor, on the 14th day of November, and at divers other times in the months of November and December, conspire, confederate, and combine between themselves, and with one Elizabeth Power, to defraud the saidMichael Powerof divers large sums of money: and on the said 14th day of November the said Michael Powerhad in his possession twenty £10 notes, seventy £5 notes, one hundred £1 notes, one order for £39 7s. 3d., one hundred half-crowns, one hundred shillings, and one hundred sixpences, carefully deposited in his house, in a box which was locked, which box was broken open and the money abstracted therefrom by the said ElizabethPower,who therewith absconded from her husband; and the said defendants, Hodghen and Paton, in pursuance of the conspiracy so entered into, did represent that they would assist the said Elizabeth Powerto escape from the Colony to Van Dieman's Land; and the said Benjamin Hodghen, as Chief furtherance of the conspiracy, unlawfully allow the said ElizabethPowerto retain the said money in her possession, and afterwards induced the said ElizabethPowerto give him the money, under pretence that he would take care of it, and thereby enable her to take some of it to Van Dieman's Land; and that in consequence of such representation, and in furtherance of the conspiracy, he thus got into his hands and possession a large sum of money, to wit £500, of which he thereby defrauded the said Michael Power,to the great damage of the said Michael Power, the evil example of all others in the like case offending, against the form of the statute in that case made and provided, and contrary to the peace of our Sovereign Lady the Queen, her Crown, and dignity. A second count charged the defendants with conspiring to obtain a large sum of money, with intent to defraud Elizabeth Power. A third count charged the defendants with conspiring with certain persons, to the Attorney-General unknown, to defraud the saidMichael Powerof a large sum of money-to wit, £5 0, but without setting forth overt acts.
The defendants pleaded not Guilty. After their plea was recorded, on application was made for the postponement of the trial which was resisted by the Crown Counsel, and the case was proceeded with.
The Attorney General opened the case; he said that the substance of the information was that the defendants had conspired together to defraud Michael Power. The first count charged them with having conspired with ElizabethPowerto defraudMichael Power,and set forth several overt acts as evidence of the conspiracy; the second count charged them with conspiring to defraud ElizabethPower; and the third count charged a conspiracy generally, without setting forth any overt acts. The offence with which the defendants were charged, the learned gentleman said, being only a misdemeanor, was properly a case for the Court of Quarter Sessions, but it had so happened that the cases of conspiracy that had been prosecuted were of such an important nature, that it had been deemed right to bring them before the highest tribunal in the Colony. The first case of conspiracy that had been brought before the Court was a case of defrauding creditors; the second a case of conspiracy to defraud the land revenue (this was the first ex officio information filed by him, and he hoped it would be the last he should have to file), and the case they were trying was the third. The learned gentleman then detailed the facts as afterwards proved, and called
Michael Power—Iam a settler residing at Wilberforce, near Windsor; I was at home in November last; in the beginning of November I went to a farm near Windsor; I was away from three to four hours; I left my wife, a little girl, and a Government man at home; I left in a box in the bedroom, about £500 11s.; there were about twelve pounds in silver, two shillings in copper, and all the rest was bank notes, except a cheque that I received from James Connolly for £39 7s. 6d.; there was a £50 note, some tens, fives, and ones; the most of the money I got about three days before; I got £272 from Connolly for cattle, the rest I got from a Sydney butcher, to whom I sold some cattle for £250; the money was in a small blue cotton bag; I had the money between the two bedticks, and before I went out after dinner I put it into the box; my wife asked me what I had done with it, and I told her; on my return there was nobody at home, and the house was locked up; I went to the barn and asked the Government man, but he could give me no information, and I broke into the house with an axe; I went to the box and found it locked as I had left it, but upon unlocking it I found every thing was gone; I afterwards overhauled the box, and found that the bottom had been removed and replaced with a couple of tacks; I made my way to Windsor and got a warrant for her; I had been married eleven years, and had two children, one alive and one dead; I went to Mr. North and told him the story, and where I thought she was, and he granted a warrant for Paddy Craigan's house at Freeman's Reach; two constables went with me but she had gone; I returned to Windsor, and fell in with her on Tuesday morning at Mick Rafter's; I went to Sydney on Monday, and heard she was in plant at Coffey's; she was lying in bed with a little orphan girl named Biddy Welsh; I sent for Mr. Hodghen, he came and I told him to take her into custody, and search her to see if she had the money; he told her to get up as he had a warrant to search her and take her into custody; she was not undressed, and got up and told him to search away; he rubbed his hands down the outside of her clothes, and then took her to the watch-house; I insisted on his coming back and searching the house as I saw Rafter's box locked; he came back but we found nothing; Rafter is a single man, a gossip of mine; she was taken before the Magistrates and remanded; Hodghen had charge of her, and I cannot say whether he took her to the watch-house; the next morning I went to the watch-house with Thomas Maloney, to see if I could make her confess; she was not there, and I saw her about ten o'clock coming up from Mr. Hodghen's in company with Hodghen and Johnny Horan, the watch-house- keeper; Horan told me that Hodghen took her away early in the morning to get her head dressed, as she had received a cut someway; she had a bit of a cut that she got when in liquor, my wife was rigged out in some of Mrs. Paton's clothes, so that I hardly knew her, she would not look at me; I went to the Police Office and my wife was liberated, and on coming out I asked her if she would come home, and she said she would not; I applied to Mr. North to obligate her, and he said she would go; I went out and said walk before me or I'll drag you home, seeing me very rusty she said she would, but she must go to Hodghen's and leave the clothes; Mrs. Hodghen and Mrs. Paton asked me to sit down; my wife gave a green cloak to Mrs. Paton, and as she followed me out Hodghen said to my wife I dare say you'll be over in a day or two and give us a call; my wife was not in the habit of calling at Hodghen's, I don't think she had ever been there before; my wife went home with me, and the next day she said that if I would go down to the lower farm she would go over to Windsor and get me the money; I wanted to go with her, and she said no you can't go, I gave the money to an enemy of your's, and I'll not let you know who he is, but I will get you your money; she went over to Windsor; she said she would be back in two hours, but I must not expect it all, as she must give a trifle to the man for taking care of it; I waited till the afternoon, and then sent Mrs. Flood and Thomas Maloney to look for her; about two days after I went to Mr. North and told him I had every opinion that she was in Mr. Hodghen's house, and he granted me a search warrant; Armfield and Cobcroft went with the warrant, I went with them, but we found nothing; Mrs. Hodghen, Mrs. Paton, and Dr. White were at home; we searched every place but a chest of drawers and a desk that were locked, and Mrs. Hodghen told us that Hodghen had the key with him; I went away and fell in with my wife in plant in a house near Teale's; the constables went on the rout and took me where she was; I took her to the watch-house and searched her, but she had nothing; I took her home and she bolted in a couple of days, I followed her, and at Windsor, from, what I heard, I took my horse and found her in Parramatta; I searched her and she had £81 12s. with her; I took it from her, and she begged me to take her back and she would give me the rest of the money; I took her home, and in two days afterwards she again went to Windsor to get the money; she told me Mr. Hodghen had the money; I did not see her for nine or ten days, when I fell in with her at Windsor; she said she had come up from Sydney to complain of Mr. Hodghen to Mr. North; I took her home again, and she has remained with me ever since; she is living with me now ; I have got more of the money since, my wife never took anything from me before; she always kept the keys of my money; I never locked my money from her before; we have been living together eighteen years, she is a Native; I intended to bring this money on the Monday to Sydney; I had taken a couple of gallons of rum home with me, and we had been making free with it; I have been twenty-eight years in the Colony.
Cross-examined—I removed the money to the box because it was safer; I had a little idea that my wife would take the money, I had been told she would; we were always very comfortable; scolding is nothing between man and wife; I have often struck her, but that is nothing between man and wife; I did not cause the wound on my wife's head; she might have told me she would leave me and go to her children at Port Dalrymple; Hodghen did not search Rafter's house for the money; there was no secret made about the change of clothes at Hodghen's; to the best of my opinion there was not a drop of rain that day; Mrs. Paton's name is on the clothes worn by my wife at the Court; I believe Hodghen had notice we were coming with the warrant; I believe the money was either in the drawers or the writing desk; the constables offered to stop until Hodghen returned; Bridget Welsh is an orphan child that I have taken charge of; I took charge of some cattle at the same time, and I can account for every head of them; I will not say how many head of them I sold; I have no bad feeling towards Hodghen; I was tried here for stealing my own cattle, which I proved; I ought to be a large cattle-holder, I have had cattle these twenty years; no parties met at my house to get a charge against Hodghen.
Re-examined—I was honorably acquitted of cattle-stealing.
Elizabeth the wife ofMichael Power.—In November last, I left my husband's house on a Sunday,
between two and three o'clock; I was accompanied by Bridget Welsh; I went because my husband had ill used me a few days before; I took all the money that was in the house; he had the key of the box with him, and I turned the box topsy turvy, and took a bit of the bottom out, and took out a blue cotton bag which contained a great sum in notes and silver; my husband always kept his money in that box under my care, but having had a few words some days before he locked it up from me: I saw him put the money in the box from under the bed; I called at Craigan's for a drink of water, and then went to Windsor; I put the bag into my pocket, and carried it in my apron with a like bundle; I called at Hodghen's but he was not at home; I went for the purpose of giving myself up, he being Chief Constable. I had known him by sight, but had never been in his house: I went to Mr. Coffy's a publican at Windsor, I remained there with the little girl that night; the next day about four o'clock I began to count my money in the presence of Mr. Coffy and Dwyer, I counted either £330 or £340, when Coffy was called away and I hid the money up, but there was a deal to be counted then; I saw a cheque among the money but I did not open it; I put the cheque into my bosom; I remained at Coffy's that night, and in the night the constables came after me; Mr. Coffy came to the window and told me to get up as the constables were in search of me; I opened the door and went out, and sat down under some mulberry trees; about two hours before day, I went to the house and got some ginger beer, and he told me they were watching the house and I had better go as soon as possible; with that I got over the fence and went toMichaelRafter's; he was in bed and got up and let me and the little girl lie down; I put the money under the pillow; about daylight, Mr. Hodghen, Mr. Armfield, and my husband came, and they told me they had a warrant for me, I got up and went with them to the watch-house; while I was there the little girl brought me the money; if they had searched under the pillow they would have found the money; I had no opportunity of taking the money from the girl as the watch-house keeper was present; it was a large bulk tied under her clothes, and I told her to take it back and not leave the house, but keep the money secure; I was taken to the Police Office and remanded to the watch-house; I was going there with Mr. Hodghen, and asked him to let me go to Rafter's for a little thing I had left; the girl gave me the money and I put it under my shawl; Mr. Hodghen was present and saw what I did, but did not know it was money; I walked away with Mr. Hodghen a few yards from the door, and he said I see you have got something; I nodded my head and he said to the little girl run on, you know my house; I said I have got the money and if you will not deceive me I will make you a handsome present, and he promised me that he would not and we went to his house; he pulled off his hat and said put it in here and I did so; I never took it out of the bag; he did not ask me how much was there; his wife and daughter and Bridget Welsh were present; it was just between light and dark, the court was late that day, Mr. Hodghen said you will want a little change with you, and I put my hand into the bundle and in my flurry I took out a half-crown, a shilling, and a penny, the penny I thought was half-a-crown; we had our tea and something to drink, either rum or brandy and then I went to the watch-house; as I was going to the watch-house I said I hope you will not deceive me, there's a cheque in it, what will become of that, he said, I will keep the cheque, it will be good enough in six months to come; I spent the night in the watch-house, and about seven o'clock the next morning he came for me to breakfast at his house; Mrs. Paton, Mrs. Hodghen and a man named Dr. White was there, and we all sat down together at table to breakfast; Mr. Hodghen put two half-crowns into my lap, and I sent for a drop of brandy to treat the company, we took the brandy in our tea, which is the way poor people like it in the morning; it was a wet morning and Mrs. Hodghen told Mrs. Paton to lend me a cloak and pocket handkerchief; both Mrs. Paton and Mrs. Hodghen must have known there was a warrant out against me; they knew that Hodghen had the money and said I might depend my life upon him; the watch-house keeper came for me by Hodghen's direction when the prisoners were going before the court; Mr. Hodghen said, that if Mr. North did not either discharge or commit me, there were plenty of lawyers coming up to the Court of Requests and I should employ one; I met my husband at the corner of the street, and he flew into a great passion and said, I had been at Hodghen's all night and was full of brandy; Mr. North discharged me, and told me to go home, and I went home with my husband, who beat me in a most unmerciful manner so that I had to keep my bed for two or three days; he was always asking where the money was and I told him it was safe; I went with him to the lower farm, and not wishing to let him know where the money was, I left him and went to Hodghen's by the back way, early in the morning; Hodghen was out and Mrs. Hodghen took me in and gave me some clothes; Hodghen came in about nine o'clock and I told him how my husband had served me, and he saw the state I was in and told Mrs. Hodghen to send for some wine, and she sent for two gallons; they nursed me as well as they could; I told Hodghen to enquire if there was any vessel going to Launceston, and in two or three days he told me there were two going; there was a search in the house; Terry Bourne came and said there was a warrant coming to search the place; Mrs. Hodghen told me, and gave me five shillings and told me to go Mrs. Miles' at the bottom of the camp; I went out at the back door, across the garden and by the fields, and Horan and Armfield came with my husband and took me there the same day; Mrs. Hodghen and Mrs. Paton told me two or three days afterwards that the money was in the clock; they were making a laugh of it; when Hodghen said that two vessels were going to Launceston, I told him to get the money ready and I would go; Mrs. Paton and Mrs. Hodghen packed me up some clothes, they knew where I was going to; Hodghen said, he would engage the mail, and tell the man to call at his door and take me; Mrs. Paton went down to see if any body was going that would know me, and when she came back she said no one was going but Mr. Forrester, a Pastry-cook at Windsor; when the mail started about three o'clock in the morning, Mrs. Hodghen awoke me and I got up, and Hodghen brought me a parcel of money tied up with some red tape, I asked him how much there was and he said my reg'lars; Mrs. Hodghen gave me the bundle of clothes; when Hodghen said it was my reg'lars, I thought it was half, I did not expect the whole as I had promised him a handsome present; Mrs. Hodghen kissed me and wished me good bye, and Mr. Hodghen came out to see me into the mail and I went off; there was a gentleman in the mail that I did not know, and a man that lived down the river from whom I hid my face, but it appears he saw me; when we got to Curtis's I asked George what I had to pay, and he said eight shillings, and I undid the notes and gave him a 1l. note, and he gave me the change; when we came to Parramatta I said I would not go any farther as I was ashamed my face was so much disfigured; I went to a person that I knew named Brown, and went into the garden and examined the parcel and found 83l. in 1l. notes; I continued at Brown's until my husband came and found me; my husband took 81l. or 82l. from me, all that remained after purchasing a bonnet; I went back with my husband and remained more than a week, but I was uneasy and fretting until we had words, and then I left him and went to Hodghen's again; I said all you gave me was 84l. and you cannot expect me to put up with so little as that; he said sit down, stop a bit, and told Mrs. Hodghen to give me some refreshment, and then he went away; I stopped there five or six days; I was shut up in a room by day and slept with Mrs. Paton at night; I did not take my meals with the family because I was afraid that I should be seen; I told Mrs. Paton I had only received 84l. and she said it was a shame, her father ought to have left it to my generosity; it was agreed that Mrs. Paton should take me to Sydney and keep me in a private place until there was a vessel going to Launceston, and Mr. Hodghen said he would give me some more money; she said she would take me to a private place on the Rocks where she kept her wedding; Mrs. Paton gave me two gowns and some other things, and we walked about a mile out of the town until the mail came up; a man named Dwyer accompanied us; we all of us got upon the mail and went to Parramatta and came down to Sydney; Mrs. Paton paid for the coach and the boat; when we got ready to go from Mr. Hodghen's I asked him for some money, and he told me that his wife and daughter had broken open his drawers and taken all the money barring a 5l. note, which he placed upon the table; I told him I would not take it but would go to Mr. North and give myself up; his wife began to scold, and said he ought to be ashamed of himself to accuse them and wrong me out of the money; I got into a passion, and he said if I kicked up any row there he would send for a constable and put me in the watch-house; I talked reason to him and he said he would send me some money down; Mrs. Paton took the 5l. and said never mind he is a great old rogue, and Mrs. Hodghen said he was going to get his pay in a day or two, and she would send me some money down; Mrs. Paton changed the 5l. note and paid the coach and boat hire; we went to a house on the Rocks but there was no accommodation, but she met a young man who took us to a house in Bridge-street; we stopped there several days until the coachman George called, when I asked her if she had any letter, and she said her father had sent for her to go home, I said if she went I should go; she said if she did go up she would return in two or three days with some money; I did not like to hurt her, and when she went by the coach I went by the boat and joined the coach at Parramatta and went to Windsor; the day after I arrived I went to Mr. Steel and told him the circumstances, and asked him to write to Hodghen demanding more money, and he wrote it and his daughter copied it because Hodghen would know his handwriting, and Mrs. Steel went out and gave it to a constable; I received no answer, and my husband hearing I was in Windsor came to me and I went to Mr. North and told him every thing; I forgot to mention that I gave Coffy two 10l. notes before I went to Hodghen's.
Cross-examined.—My husband is a very passionate man, and he beats me sometimes; he never beat me so much as he did a little before this; I never saw Mrs. Hodghen before that day; both Mrs.
Hodghen and Mrs. Paton were present when Hodghen told me to put the money in the hat, and they saw him unlock the drawer and put it in.
Bridget Welsh, aged 11 years,—I live at Wilberforce with Mrs.Power; I was living with her in November; I recollect the day thatMrs. Power went out; Mrs.Powertook the bottom out of the box and took some money out in a little blue bag; she put the bottom in with the axe; it was a large bundle; she put it into a pocket; we went to Paddy Craigan's at Freeman's Reach and staid there till dark, and then went to Windsor in Paddy Craigan's cart; we got to Windsor about 8 o'clock; we went to Mr. Hodghens, and as he was not at home we went to Mr. Coffy's and staid there that night and the next day; the next night Coffy came into the room and said the constables were coming, and we went into the garden and remained under the barberry trees all night; when the cocks began to crow we went to Mr. Rafter's house and he got up and we went into his bed; in the morning the constables took Mrs. Powerto the watch-house, and after she was gone I saw the blue bag under the head of the bed and I took it down to her at the watch-house, but I had no opportunity of giving it her, and she told me to take it back and plant it until she came from court, and I planted it in a cupboard were there was some crockery; after the court I gave it to her, Mr. Hodghen saw me, and when they got out Hodghen said I see you have got what you wanted, and told me to toddle along as I knew his house; Mrs. Powerput the money into Hodghen's hat and he put it into the drawers; we had tea there, after tea Hodghen took Mrs. Powerto the watch-house, and brought her back the next morning about 7 o'clock; Dr. White told a story about a woman that ran away from her husband in England, the coach broke down, and her husband overtook her and got the money back.
Cross-examined.—I have been at school four or five weeks; I did not tell this story to Mrs. Flood; I was at school a twelvemonth before; Mrs. Paton was in the kitchen when the money was put into the hat; I have often talked about this with Mr. Power; Mrs.Powertold me not to tellPowerI had seen the money.
Re-examined.—Mrs. Paton was present when Dr. White advised Mrs.Powerto go to law with Mr. North.
Mr. Henry White—I am a surgeon residing at Windsor; I know Mr. Hodghen, I resided in his house in November; I recollect Mrs. Powercoming there one morning when we were at breakfast; Hodghen told me he had brought her to me to dress her head; he told me she had been confined on a warrant for abstracting money from her husband; I think there was some brandy taken that morning; I saw Mrs. Powerthere often afterwards; she was in concealment there, and I should say, from what I saw, that Hodghen did not know she was there; whenever Hodghen or anybody else approached the house she used to fly up the ladder; I dare say Hodghen knew it subsequently; I have heard them say they knew her before; on the morning she was at breakfast she denied having the money, and that in presence of the family; about the 18th December Hodghen gave me a cheque to get cashed; this is it; I changed the cheque at Mrs. Walker's at Parramatta; I gave Hodghen the amount, with the exception of £9—which I borrowed from Hodghen, and owe him yet, Mr. Hodghen told me that his daughter was in Sydney, and if she wanted any money to give her £5 or £6; she was on a visit to a friend in Sydney; I saw Mrs. Paton and Mrs. Powergo away from the house to go to Sydney together; I never heard from the family that the money was concealed in the clock; when the constables were present I said jocularly that it might be in the clock; I was in a coach with a lady who ran away from her husband, when the coach broke down, and her husband overtook her.
Cross-examined—At the breakfast table Mrs. Power positively denied that she had the money, and said that she had no doubt Powerhad planted the money in a stump and forgot it, as he had done so before; Mrs. Powersaid that the wound on her head had been done in a drunken quarrel with her
husband; it was about ten days after this that Mrs. Power told me that Mrs. Hodghen was concealing her to prevent her being ill-used by her husband; I was taken into custody about this business, before I told the story about the cheque; I received the cheque prior to any information being lodged against Hodghen; my only business in Sydney was to get a suit of black to attend a funeral, but as I found a fit in Parramatta I did not go any farther; I never asked Mr. Kay to keep this cheque back and not present it.
Re-examined - I did not know Mrs. Power was there the night before; there is no agent of the Commercial Bank at Windsor that I am aware of; I do not know that Mr. Tebbutt is agent; Hodghen did not tell me to get the cheque cashed at any particular place.
By the Court—I did not during breakfast advise Mrs. Powerto bring an action against Mr. North, but I said if anything illegal had taken place she had a remedy.
Mr. James Kay—I reside at Mrs. Walker's, Parramatta; I cashed a cheque for Doctor White in December last; he merely asked me to change the cheque, and seeing Mr. Hale's name I did so; there was no demur about paying the cheque, this is the cheque; Mr. White made no particular observation.
Cross-examined—I have had no conversation with White about the cheque since I cashed it; he did not ask me to keep the cheque back.
James Connolly—I am a licensed victualler at Wilberforce; in November last Mr. Wood, of Windsor, paid me upwards of £200, amongst which was a cheque of Mr. Hale's; about the same time paid Michael Power£262, amongst which was Mr. Hale's cheque; I cannot swear positively to it, but I believe this to be it—it is the same amount.
John Horan, watch-house keeper at Windsor—I recollect Hodghen and Armfield bringing Mrs. Powerto the watch-house between the hours of 5 and 6 o'clock, on charge of stealing in a dwelling house, under a warrant signed by Mr. North; Mr. Hodghen said there was no occasion to search her as she had only a few shillings; she went to court that morning; she was remanded the same day; Hodghen brought her in the evening; he called me and told me to do as much as I could about finding out the money; he said I had no occasion to lock her up, and I did not; next morning Mr. Hodghen came to the watch-house for her, and said he would take her up and give her breakfast, and have her head dressed by Dr. White, and to tell the constables to go on with the other prisoners, and call at his house myself for Mrs. Power,and I did so; on the road Michael Powercame across us; it was raining and I had my umbrella over the woman's head, and he said he would see why she was not used as the other prisoners were.
Cross-examined—Mrs. Powerstated to me she knew nothing about the money; I saw the little girl the morning she came to the watch-house and spoke to Mrs. Power; I observed nothing particular.
Edward Armfield, district constable at Windsor,—The chief constable gave me a warrant for Mrs. Power,which I returned to him; she was taken at Rafter's between 5 and 6 o'clock in the morning; there was a little girl there who was not disturbed; Mrs.Powerwas rubbed down by the chief constable in a decent kind of a manner; she was remanded one day; I saw her the next morning eating an egg at Mr. Hodghen's; Mrs. Paton, Mrs. Hodghen, and Dr. White were present; I was surprised to see Mrs.Powerthere, because I thought she was in the watch-house; I searched Hodghen's house on the 24th of November; I searched everywhere but the clock and the desk, both of which were locked; I went with the warrant direct from Mr. North's to Hodghen's; I did not know I was authorised to break locks; I proffered to stop until Hodghen returned, butMichael Powerand him both were satisfied, and wished me to go and look for his wife.
The court here adjourned for an hour.
Thomas Maloney, farmer at Wilberforce—I am a neighbour ofMichael Power’s; I recollect hearing that Power’swife had run away; but I do not know the day; she called at my house one morning and told me that if I would go with her, she would shew me where the money was, if I would not tell her husband; I went to Windsor and enquired after her; I went to Mrs. Gleed's and asked for her, I asked her to go to Hodghen's and see if she was there; I did not like to go to Hodghen's myself, because it was reported that she used to be planted; Mrs. Gleed told me she was there, and I went myself; I did not see her, but I saw Mr. Hodghen and the two defendants; we had some discourse but not about Mrs. Power; I had a couple of glasses of grog, but said nothing about Mrs. Poweras I did not see her.
Mary Flood—I am married to Patrick Flood of Wilberforce; I recollect when Mrs. Powerleft her husband; I went to Windsor with Mr. Maloney to look after her; I went to Mr. Coffy's, then to Mr. Gosport's, and then to Mr. Hodghen's; I enquired, and was told she was not there; I came away, and went to the watch-house, and then to Coffy's, he desired me to go back to Hodghen's; I did so and saw her, also Mr. Hodghen, Mrs. Paton, and Dr. White; this was between three and four o'clck; Mrs. Hodghen came out and asked me what I wanted; I told her I wanted to see Mrs. Power,and she said she was not there; and I said, do not say so, for there she is; they could all both see and hear me; she pushed me a bit back and said, stay there; she went to speak to Mrs. Power,but I do not know what she said; Mrs. Powerthen came out; a short time after I met Mrs. Power at Fitzgerald's corner, and asked her why she did not speak to me when I was at Hodghen's; she said she did not like to let any one know she was there, I asked her if she had the money; she said it was all right; we went to Mr Coffy's and had not been there long before her husband passed and I called him; we had some rum and ginger-beer and Powerasked her what money she had and she had none, but she told him it was safe; we all crossed the river together and Powerand his wife went home together.
Cross-examined—Mr.Powerdesired me to go and look for his wife; we never talked over this matter.
George Perry—I am guard of the Windsor Coach; in November last I drove the Windsor Mail; I know Mrs.Power,she came with me in the mail from Windsor to Parramatta; she got up between Hodghen's ad the Post-office, it was a very dark night; I saw a man standing at Gleed's corner, but I cannot say whether it was Hodghen or not; I cannot say the exact day but it was about three weeks or a month before I was examined; I stopped at Carter's where Mrs. Powergave me a £1 note to change, and I took her coach fare out of it and she gave me three shillings for myself; she said she did not know whether she would go on to Sydney or stop at Parramatta, as she thought some one might come after her; I recollect about a week afterwards taking a message from Mr. Hodghen to Mrs. Paton, who was stopping at the Hope, in Bridge-street; I was to tell her that her mother was ill and wanted her at home; I delivered the message and she came up on the coach that I drove two days afterwards; we changed horses at Parramatta where I took Mrs. Powerup and drove her to Windsor; I had a heavy load and several people got down at M'Grath's hill; I do not know whether Mrs. Powerwas one of them.
Cross-examined—Mrs. Paton went on to her own house; MrsPowerpaid me her own fare.
John Holmes—In November last I drove the Windsor mail; I am 15 years of age; I know Mrs. Powerand Mrs. Paton and Dwyer; I drove them from Windsor to Parramatta, I do not know the time but it was on a Wednesday; Mrs. Paton paid the three fares; I took them up about a mile this side of Windsor, at half-past two o'clock in the morning.
Cross-examined—Mrs. Paton gave me a £1 note and told me to take the three fares.
Mr. Thomas Forrester a baker, residing in Windsor—I recollect going to Parramatta in the mail driven by Holmes; when we left Windsor there was only one passenger besides myself; about a mile and a half from Windsor we took up Mrs. Paton, Mrs.Powerand a man named Dwyer; I took my place the night before; this was about a month before Christmas.
Dennis Dwyer, a free labourer, residing at Windsor—I know Mrs.Powerand Mrs. Paton; I accompanied them from Windsor to Sydney but I cannot say the time; I never went but once; we fixed to go to Sydney when we were at Mr. Hodghen's; I dont know who proposed we should go to Sydney; I was not to say drunk that night because I could walk; we started from Hodghen's and walked to Howe's Hill; Mrs.Powerwanted some money and they had some words and Hodghen said he would send for a constable and put her in the watch-house if she kicked up a shindy there; we did not go to the coach-office because we wanted to go away by stealth, that Mrs.Powermight not be apprehended; this was arranged by the three of us before we started; I do not know whether Hodghen was present when we started; I heard Mr. Hodghen say something about the desk being broken open but I cannot say by whom; when we got to Sydney we went to a house in Bridge street, I think the Golden Anchor; I stopped one day and returned to Windsor; I had no business in Sydney but came with the two women; I know that Mrs.Power was going to Van Dieman's Land, as she told me; Mrs. Paton paid my expenses; when Mrs.Powerand me returned we went by the steamer to Parramatta, and met the Windsor Coach and went up; I saw her afterwards at the gaoler's kitchen; I saw Mrs.Powerat Craigan's the day she left her husband; I saw her at Coffey's the next day but I cannot say the hour; she had a good large lump of notes but I do not know exactly how many but there was above three hundred and then they missed the count and gave the notes to Mrs.Power.
Cross-examined—I gave Mrs.Powertwenty sovereigns in Sydney to keep for me; when Mrs. Paton was coming up to Windsor I gave twelve and sixpence; Mrs.Powerhad spoken to me about going to Van Dieman's Land on account of the illtreatment she had received from her husband; I will not say whether I have had any criminal intercourse with Mrs.Power; I was atPower’s eight months; I left on account of a bit of a wrangle.
The Attorney-General said that Coffey was in attendance, but the fact he was to prove having been fully proved by Dwyer, he did not think it necessary to call him, and he would therefore close his case.
Mr. Foster submited that the first and second counts of the information, which charged the defendants with having obtained the money by conspiring had entirely failed, as the evidence of Mrs. Powerclearly proved that she handed the money to Hodghen before the other defendant knew anything of the matter: as for the third count there was a case in Carrington and Payne, which he had not at hand, that clearly shewed that a count merely charging a general conspiracy cannot be sustained.
His Honor said that these points would be open in arrest of judgment, but he could not withdraw the case from the Jury.
Mr. Foster then addressed the jury for the defendants, contending that there was not credible evidence to support the charges of the information, and all that could be alledged against his client was that, he had acted with a great degree of impropriety and indiscretion. The evidence of Mrs. Power, he contended, ought to go for nothing, for it was evident she was acting under the coercion of the husband. The true facts of the cases the learned gentleman said were, that Mrs.Powerhaving been very much ill-used by her husband, Mrs. Paton and Mrs. Hodghen had determined to assist her to leave the colony, and visit a daughter who resided at Launceston, and for that purpose they concealed her from her husband for several days, and out of that circumstance the whole case was trumped up, for malicious purposes, to suit the views of parties whose ill-will Hodghen had gained in the proper discharge of his duty as chief constable.
No witnesses were called for the defendants.
The Chief Justice, after reciting the substance of the information, said that, to constitute the crime of conspiracy, two or more persons must concert together to effect an illegal object, or a legal object by illegal means. If the Jury did not consider that the first and second counts were proved, they were at liberty to revert to the third count, which charged a general fraud. Supposing, as had been stated by the learned counsel for the defence, that the money was voluntarily given to Hodghen, and not from any false representation, it would still be for the Jury to say, from the evidence, whether they were not able to collect that the defendants didcombine together to defraud Michael Power.Ifthe Jury believed the evidence of ElizabethPower,corroborated as it was in so many circumstances,he was bound to tell them that the charge of conspiracy was clearly made out. If they believedthat the daughter, Ann Paton, acted in ignorance of her father's design, and that the part she tookwas merely for the purpose of assisting ElizabethPowerto escape from the brutality of her husband, and not from any fraudulent design, they must acquit both the defendants, as the one could not beguilty without the other, the conspiring togetherbeing the essence of the offence.
The Jury retired about an hour, and returned averdict of—Guilty.
Mr. Raymond enquired whether the Jury foundthe defendants guilty generally or on the thirdcount; His Honor said the Jury had returned ageneral verdict, and he had noted it so, but hewould ask the Jury. The foreman said, guilty onthe third count, which was recorded.
The Judge ordered the defendants to be remandeduntil Friday for judgment.
Mr. Raymond enquired whether they would notbe allowed to go out on bail:—in the last case ofconspiracy the defendants stood out on bail betweenconviction and sentence being passed.
His Honor said, it rested entirely with theCrown officers; he could not allow bail after conviction.
The Attorney-General said, that the last case ofconspiracy was an ex officio information and there he had consented, but this was a regular case ofindictment and he could not consent.
Mr. Raymond said, that in the case of Dobsonand Nichols, bail had been taken, and he was prepared with good bail
The Attorney-General said, that was a privateprosecution; this was a regular case where a committal by magistrates had taken place and camebefore the Court as part of the Gaol Delivery, andif he consented in this case he considered heshould be forming a precedent by which everyprisoner tried at Quarter Sessions, for misdemeanors, could demand to be admitted bail if he was notsentenced as soon as he was tried.
His Honor said, that it entirely rested with theAttorney-General, and as he would not consent,the defendants must stand committed.
Mr. Raymond applied for a copy of the indictment, which was ordered.
The case lasted until half-past 12 o'clock, and during the whole time, the Court was crowded toexcess, principally from the neighbourhood of Windsor and Wilberforce.
The Attorney-General was assisted in the prosecution by Mr. Therry; counsel for the defendants,Messrs. Foster, Cheek, and Raymond.9
|Francis Stafford d. 22 Mar 1828|
- [S1570] NSW Early Church Records 1788-1854, V1795361 4/1795 Elizabeth Adams.
- [S1570] NSW Early Church Records 1788-1854, V18131522 3A/1813 Francis Stafford & Elizabeth Adams.
- [S1571] NSW Convict Musters, 1806-1849, online www.ancestry.com, 1822 Census.
- [S1571] NSW Convict Musters, 1806-1849, online www.ancestry.com, 1825 Census.
- [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, "The Monitor", Saturday, January 6, 1827.
- [S1235] 1828 Census for NSW Australia.
- [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, "The Sydney Gazette and New South Wales Advertiser", Tuesday, April 7, 1829.
- [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, "The Sydney Gazette and New South Wales Advertiser", Saturday, March 9, 1833.
- [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, The Sydney Gazette, Saturday, February 24, 1838.